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

sam
 - 
Thursday, 27 Sep 2018

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

Ramprasad
 - 
Thursday, 27 Sep 2018

Strange. SC promoting adultery

Unknown
 - 
Thursday, 27 Sep 2018

Soon rape will be legalised.. 

Kumar
 - 
Thursday, 27 Sep 2018

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

Danish
 - 
Thursday, 27 Sep 2018

Rubbish. What is the point in marriage

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
August 1,2020

Bengaluru, Aug 1: The Karnataka government on Friday brought in Additional Director General of Police (Intelligence) Kamal Pant as the Bengaluru police Commissioner in a reshuffle of police personnel.

Pant comes in as the city police Commissioner in place of Bhaskar Rao.

According to a government order, Rao will handle internal security as ADGP, a post which was lying vacant due to the promotion of P S Sandhu.

Along with the two officials, ADGP B Dayananda who was in charge of the Criminal Investigation Department and Economic Offences, has been made the new intelligence chief.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
August 6,2020

Karwar, Aug 6: In a shocking incident, a 40-day-old girl child was murdered by her own parents in Sirsi town in Karnataka’s Uttara Kannada district.

The accused are Priyanka (21) and her husband Chandrashekhar Bhat (42), residents of Ramanakoppa in Sahasrahalli in Yellapur.

According to police, the couple did not want a girl child and hence threw it into a well. The couple was arrested by the police the very next day.

The incident came to light after the child’s maternal uncle, Abhishek Jagadeesh Singh Choudhari, a resident of Rajeev Nagar in Sirsi, lodge a complaint with Yellapur police station. 

He had claimed that his sister Priyanka’s baby had been kidnapped and subsequently killed. 

Priyanka had claimed that she woke up around 2.30am on August 2 to find that her baby, Tanushri, was not in her cradle. Her husband’s family subsequently started searching for the baby, which they found dead inside a well. 

Choudhari suspected that Tanushri had been kidnapped, and had been killed by her abductors to erase any evidence of their crime.

Uttara Kannada superintendent of police Shivaprakash Devaraju constituted a team to crack the crime, and the cops, who subjected the parents to an interrogation, found that they were the culprits.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 10,2020

Pathnamthitta, Mar 10: A man under observation for suspected coronavirus infection at the isolation ward of the district hospital here fled, but was tracked and brought back within hours. The man was among those who had interacted with the three-member family who returned from Italy and have tested positive for the virus.

Pathnamthitta district collector PB Nooh said one person, who was under observation at the general hospital had escaped but was later tracked and brought back. "If even a single person under observation goes out, it is a threat. This is a public hazard".

The one excercise which the health authorities have to undertake on Tuesday is to see how many people had come incontact with this person after he left the hospital. There is need to isolate those people with whom he mayhave come into contact, the collector said "This is the timeto behave in a very socially responsible manner".

With six positive cases being reported, the state government has already warned that stringent action would be taken against those flouting the directions of the health department. Health Minister K K Shailaja has warned that those coming from COVID19 affected nations, should report to authorities on arrival in the state, failing which a case would be registered against them under the Public Health Act.

A 3-member family, which had come from Italy recently and had tested positive along with two of their relatives had not reported their arrival to the authorities, health officials said.

At least 733 people who had come in contact with them have been tracked, the collector said and have been placed under observation. While 18 have been admitted to isolation wards in hospital the remaining are under home surveillance.

A two-year-old child is among those under obsevation at the isolation ward, health department sources said. The tracking excercise would continue on Wednesday also.

Meanwhile, an awareness class was held for migrant workers at Pathnamthitta district this morning. However, no directions have been issued to workers fromother states to leave the state. "We are planning to give extra care to migrant workerswith labour officer visiting their colonies and as part of theawareness drive and speaking to them in a language theyunderstand," he said.

A three-year-old boy, who arrived with his parents in Kochi from Italy, tested positive on Monday, a day after three people, also with travel history from the European nation,were declared positive for the virus along with two of their relatives.

The Health Minister has said surveillance system would be stregthened with the support of ASHA workers, civic authorities and ward members and resident associations. Presently, 1,116 people are under surveillance in thestate for the corona virus, 967 in home quarantine and 149 in isolation wards of hospitals. Two 90-year-old relatives of the Pathnamthitta family, who tested positive, have been admitted to Kottayam medicalcollege hospital and their samples have been sent for testing, she said. "If they test positive for the virus, it would be highlyrisky", she had said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.