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

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Agencies
July 8,2020

The Central Board of Secondary Education (CBSE) has rationalised by up to 30 per cent the syllabus for classes 9 to 12 for the academic year 2020-21 to reduce course load on students amid the COVID-19 crisis, Union HRD Minister Ramesh Pokhriyal 'Nishank' announced on Tuesday.

The curriculum has been rationalised while retaining the core elements, the Human Resource Development said.

Among the chapters dropped after the rationalisation exercise are lessons on democracy and diversity, demonetisation, nationalism, secularism, India's relations with its neighbours and growth of local governments in India, among others.

"Looking at the extraordinary situation prevailing in the country and the world, CBSE was advised to revise the curriculum and reduce course load for the students of classes 9 to 12.

"To aid the decision, a few weeks back I also invited suggestions from all educationists on the reduction of syllabus for students and I am glad to share that we received more than 1.5K suggestions. Thank you, everyone, for the overwhelming response," Nishank tweeted.

"Considering the importance of learning achievement, it has been decided to rationalise syllabus up to 30 per cent by retaining the core concepts," he added.

The Union minister said the changes made in the syllabi have been finalised by the respective course committees with the approval of the curriculum committee and the Governing Body of the Board.

"The heads of schools and teachers have been advised by the board to ensure that the topics that have been reduced are also explained to the students to the extent required to connect different topics. However, the reduced syllabus will not be part of the topics for internal assessment and year-end board examination.

"Alternative academic calendar and inputs from the NCERT on transacting the curriculum using different strategies shall also be part of the teaching pedagogy in the affiliated schools," a senior official of the HRD ministry said.

For classes 1 to 8, the National Council of Education Research and Training (NCERT) has already notified an alternative calendar and learning outcomes.

According to the updated curriculum, among the chapters deleted from class 10 syllabus are-- democracy and diversity, gender, religion and caste, popular struggles and movement, challenges to democracy

For class 11, the deleted portions included chapters on federalism, citizenship, nationalism, secularism, growth of local governments in India.

Similarly, class 12 students will not be required to study chapters on India's relations with its neighbours, changing nature of India's economic development, social movements in India and demonetisation, among others.

Universities and schools across the country have been closed since March 16 when the central government announced a nationwide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

A nationwide lockdown was announced on March 24, which came into effect the next day. While the government has eased several restrictions, schools and colleges continue to remain closed.

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News Network
February 7,2020

Mysuru, Feb 7: Former chief minister and Janata Dal (Secular) leader HD Kumaraswamy on Thursday said that Chief Minister BS Yediyurappa-led government is not stable and it can fall at any moment.

"Karnataka Government is not a stable one. With the developments taking place, it can fall at any moment," Kumaraswamy told reporters when asked to comment on the Karnataka Cabinet expansion.

Earlier in the day, 10 MLAs including Ramesh Jarkiholi, Anand Singh, K Sudhakar and BA Basavaraja took oath as Cabinet Ministers at Raj Bhawan in Bengaluru.

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News Network
April 19,2020

Mangaluru, Apr 19: District-in-charge Minister Kota Srinivas Poojary said that Rs 2000 each has been deposited in the bank accounts of 6,122 construction workers, who are registered with the labour department in the Dakshina Kannada district. The amount will be deposited in the accounts of other registered construction workers at the earliest.

The state government had announced Rs 2000 to construction labourers who are registered and have lost their livelihood due to the on-going nationwide lockdown to curb the spread of the coronavirus. The curbs, which were imposed on March 24, have been extended till May 3. "The labourers were reeling under hardship after construction activities came to a halt," said the Minister.

Supply food

Local bodies should make arrangements to supply food for stranded labourers, destitutes and beggars in all the ULBs in Dakshina Kannada district, Poojary said. 

"No one should starve during the lockdown period. All the ULBs should identify destitutes, migrant labourers in their jurisdiction and arrange food for them. In case of necessity, the help of NGOs can also be taken," he added
The minister announced that Asha workers and health workers would collect information on people's health by visiting the houses in the district and submit a report within 10 days.

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