Adultery no more a crime; husband is not the master of his wife: Supreme Court

News Network

September 27, 2018

New Delhi, Sept 27: In a historic judgement, the Supreme Court of India on Thursday struck down Section 497 of the Indian Penal Code that made adultery a criminal offence.

A five-judge Constitution bench of the Supreme Court comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was unanimous in its judgement that held Section 497 as unconstitutional. While holding that adultery is manifestly arbitrary, the court said the act can be a ground for divorce and a person will have civil remedies for it.

The CJI and Justice Khanwilkar said, "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Reading out his part of the judgement, CJI Misra, who retires early next month, said mere adultery cannot be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the Indian Penal Code.

Adultery law verdict - Highlights

“Equality is the governing principle of a system. Husband is not the master of the wife,” the CJI said, adding “the magnificent beauty of the democracy is I, you and we”.

The Chief Justice noted that an unhappy marriage might not be a result of adultery but vice versa. He pointed out that adultery is not a criminal offence in countries like China, Japan and Australia.

Justice Indu Malhotra described Section 497 as “a clear violation of fundamental rights granted in the Constitution”. There is no justification for the continuation of Section 497 of IPC, she concurred.

Justice Chandrachud, on his part, said Section 497 is denial of substance of equality as it imposes “a condition on the sexuality of women by making adultery as an offence.” He held the law as a “relic of the past”.

Justice RF Nariman, meanwhile, termed Section 497 dealing with adultery as an archaic law. He concurred with the CJI and Justice Khanwilkar, describing the penal provision under the law as violative of the rights to equality and equal opportunity to women.

Section 497 of the IPC read: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both. In such case the wife shall not be punishable as an abettor."

Comments

Ohhh....whats going on in india under name of democracy....

Strange. SC promoting adultery

Soon rape will be legalised..

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US.

Rubbish. What is the point in marriage

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COVID-19: There is no chance of getting infected from corpse, clarifies DC

News Network

April 25,2020

Mangaluru, Apr 25: In the backdrop of protest staged by locals against the cremation of a 75-year-old woman, who was tested positive for coronavirus, Dakshina Kannada Deputy Commissioner Sindhu B on Friday stated that there is no chance of anyone getting infected from a corpse.

Protocols, as laid by the Centre with regard to cremation of Covid-19 patients, will be followed, said Sindhu in a statement.

The release added that the COVID-19 victims would be buried as per their religious customs. Not more than 20 people would be allowed to perform the last rites. Even closest relatives of the deceased would not be allowed to touch or bathe the body, the release said.

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Karnataka announces Rs 10K relief to flood-hit families, Rs 5 lakh for damaged houses

News Network

August 7,2020

Bengaluru, Aug 7: The Karnataka government would provide Rs 10,000 immediate relief to families affected by heavy rains and flooding in districts across coastal, central and southern areas of the state, an official said on Thursday.

"Chief Minister B.S. Yediyurappa has directed all the Deputy Commissioners in the rain-cum-flood-hit districts to provide Rs 10,000 interim relief to the affected families and Rs 5 lakh to those whose houses were completely damaged in the natural disaster," a Revenue Department official told media persons here.

As the south-west monsoon advanced and intensified, heavy and widespread rains with gusty winds have been lashing 12 of the 30 districts across the state, wreaking havoc and disrupting normal life due to flooding, landslides, lakes and ponds overflowing, and rivers and their tributaries in the spate.

"The Chief Minister also instructed the officials to make use schools, colleges and public places as relief centres to shelter the rain-cum-flood-hit families, as hostels and community halls have been converted into Covid care centres in the affected districts," said the official.

The affected districts have also been advised to conduct a survey of crop loss suffered by farmers for compensation under the centrally-sponsored Pradhan Mantri Fasal Bima Yojana and the Weather Based Crop Insurance Schemes.

Deputy Commissioners have been told to take preventive measures to protect and provide relief to the people from heavy rains, floods and landslides in the affected districts.

"Yediyurappa also directed ministers in-charge of the districts to remain in their constituency and visit the affected areas to assess damage caused by the rains and flash floods for compensation and relief aid," noted the official.

The Chief Minister on Wednesday announced Rs 50 crore for rescue and relief operations in the affected districts across the state.

Meanwhile, the Meteorological department has issued a red alert on heavy rains in the affected districts of Kodagu, Udupi, Dakshina Kannada and Uttar Kannada in the coastal region and in Shivamoga, Chikkamagaluru, Hassan and Haveri in the Malnad region.

"Bagamandala in Kodagu district where Cauvery river springs near Talakaveri received a whopping 486 mm rain during the last 24 hours, causing flash floods and disrupting normal life as offices, shops and eateries remained shut and public transport was affected," added the official.

The water-level in Cauvery and Lakshmanatheertha is flowing at high level while the Sayi layout and Kuvempu layout Kushalnagar is inundated and the affected residents were shifted to safer location.

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