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
July 15,2020

Mangaluru, Jul 15: Amidst mounting coronavirus cases, the district administration has finalised 80 covid care centres (CCC) in Dakshina Kannada.

Sindhu B Rupesh, deputy commissioner of DK, said that as many as 80 premises that were functioning as quarantine centres have now been identified as CCCs in the district.

People in the district have been demanding that CCCs should be opened for asymptomatic cases in the district too. 

A majority of around 1,500 active cases in Dakshina Kannada are asymptomatic, and the CCCs will help those planning to go to private hospitals to reduce their treatment costs.

Additional deputy commissioner M J Roopa said that the 80 CCCs identified throughout the district will work as care centres for asymptomatic Covid-19 patients.

A medical team will attend to the centres, and supply of food and water will be taken care of by the government. In case of any health issues, the patient will be shifted to the Covid hospital, she said.

“All asymptotic Covid-19 patients, who are unable to opt for home isolation, are being kept in CCCs. A designated health team will monitor each CCC in the district. Meanwhile, the nearest public health centre (PHC) will have an ambulance on standby in case of an emergency,” she added.

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 web desk
July 2,2020

When the black and white photos of the ‘London to Calcutta (Kolkata) bus service’ went viral on social media recently, the response of some of the netizens was “stop spreading fake news!” But, it isn’t a fake news. The late 1950s indeed offered people a lavish bus trip from London to Kolkata. 

While one of the viral images shows passengers at the Victoria Coach Station, London, boarding 'Albert', the other image show the same bus travelling through a valley. In another image the bus is stationed at a tourist spot. All these photos were captured during the bus’ maiden international journey in 1957.  

An image of the bus ticket is also making rounds on social media, that shows the route of the bus — London, Belgium, West Germany, Austria,Yugoslavia, Bulgaria, Turkey, Iran, Afghanistan, West Pakistan, India. The route in India followed Delhi, Agra, Allahabad, Banaras and finally Calcutta.

The ticket shows that a one side travel cost 145 pounds (13,644 Rupees at the present day) back then, and it was inclusive of all the luxury provided during the run.

The luxurious bus provided the facilities of reading, individual sleeping bunks, radio/taped music for parties and pleasure and fan heaters, among other things. The brochure reads, "Your complete home while you travel."

Some of the tour highlights included Banaras on the Ganges, The Taj Mahal, The Raj Path, The Rhine Valley and The Peacock Throne. Passengers reportedly got free shopping days in New Delhi, Tehran, Salzburg, Kabul, Istanbul and Vienna.

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 21,2020

New Delhi, Mar 21: The Indian Railways has cancelled all train services on Sunday in view of the Janata Curfew called by prime minister Narendra Modi. All mail and express trains will stop services from 4 am to 10 pm on Sunday while all suburban train services will be reduced to a bare minimum.

Around 1,300 long-distance, mail express services will also stand cancelled in light of the curfew to bat Covid-19. These long distance trains will remain cancelled between 4 am to 10 pm on Sunday.

All passenger trains originating between the midnight of Saturday-Sunday will not be run till 10 pm, Sunday, a railway ministry official said.

However, the passenger train services already on run at 7 am on the day will be allowed to run to the destinations, a railway ministry circular to zonal railways issued on Friday said.

The Indian Railways operates around 9,000 passenger trains and 3,500 mail express services each day.

“We have sent a directive to all zonal railways, and they will get back with the total number of train services affected, by Saturday afternoon,” an official ET spoke with, said.

In his address to the nation on Thursday, the Prime Minister called for a ‘janta curfew’ between 7 am to 9 pm on Sunday, in a social-distancing drive amid the coronavirus outbreak.

Passengers alighting at enroute stations from trains already on run, and desirous of staying at the station, may be accommodated in the waiting rooms at railway stations, without overcrowding them, the circular said.

The ministry has advised zonal railways to arrange for hassle-free refund to passengers affected because of cancelled trains, while regulating train services on Sunday.

Meanwhile, to contain the spread of Covid-19, all the food plazas, jan aahar stalls have been advised to be shut until further notice by IRCTC.

The on-board catering services in mail express trains are to be closed until further advice, while static units supplying meals to prepaid trains in operation, will continue to function.

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.