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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News Network
March 6,2020

Mysuru, Mar 6: A woman was murdered by her husband in front of her father in the wee hours of Friday at her home in Hosakamanakoppal, Yelwal hobli here, police said on Friday.

The police said the deceased is Mamatha, a native of Periyapatna who was married to Nagesh of Hosakamanakoppal about seven years ago. The couple has a six-year-old son. Mamatha was Nagesh’s second wife as his first wife had allegedly committed suicide.

It is said that Nagesh was addicted to liquor and gambling and used to fight with Mamatha over petty reasons. 

Yesterday night too, there was a fight between the couple and Mamatha’s father pacified both of them and all of them went to sleep later.

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News Network
May 6,2020

Mysuru, May 6: A seven-months pregnant woman fled Covid-19 hotspot Mumbai along with her family, and made it to her village 1000 km away in KR Pet taluka in Mandya district of Karnataka, flashing her mother's ID card at each checkpost. After reaching her destination, she got herself tested for Covid-19.

She tested positive for the virus on Monday in Mandya.

The 20-year-old woman (assigned the number P637) had been living with her husband and in-laws at Santa Cruz East, Agripada in Mumbai for the past three years. To get out of the containment zone, they started out from Mumbai at 7.30 pm on April 23 -- she, her husband, brother-in-law, co-sister and their children, and a 19-year-old girl. She made it past checkposts at Belagavi, Hubballi, Davanagere, Kadur, Arasikere, Channarayapatna and Shravanabelagola and reached her village Jaaginakere at 3 pm on April 24.

She stayed at her home in the village from 24 April to April 29. With the Mandya district administration testing people on a campaign mode in the entire district, she and her family got themselves tested on May 1.

Her test returned positive on May 4, according to deputy commissioner M V Venkatesh.

Along with her, the 19-year-old girl (P638) who travelled with the family also tested positive. The girl is in the sixth semester of her BE Electronics course at an engineering college in Mumbai.

This is not the first case of a corona fugitive from Mumbai. Earlier, a 50-year-old man who ran a hotel in Mumbai travelled in a vehicle carrying dates and reached Channarayapatna in Hassan district.

In fact there have been three such incidents, including that of seven people coming to Mandya from Mumbai transporting a dead man's body for cremation in his native village of B Kodagalli in Pandavapura taluk.

Mandya deputy commissioner Dr Venkatesh has appealed to natives of Mandya who are stuck in Mumbai to stay there till the Covid situation comes to control.

So far 28 people in Mandya diatrict have tested positive for Covid 19. Seven people have been discharged. Currently there are 21 active cases being treated at the Mandya Institute of Medical Sciences.

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News Network
February 23,2020

The euphoria over the claim that around 3,000 tonnes of gold reserves, worth Rs 12 trillion, have been discovered in Uttar Pradesh’s Sonbhadra district could not last even 24 hours, with the Geological Survey of India (GSI) clarifying on Saturday there had been no such discovery.

The GSI, headquartered in Kolkata, rebutted the claims of the Uttar Pradesh Directorate of Geology and Mining (UPDGM), and said “miscommunication” must have led to the wrong reporting of facts.

M Sridhar, director general of the GSI, said nobody in the agency gave any such data. He said 52,806 tonnes of gold ore was found in Sonbhadra district during the exploration work in 1998-2000. From this reserve, only 160 kg of gold can be extracted.

“There must have been some miscommunication of facts because of which the gold ore deposits have been overestimated. We have written a letter to Uttar Pradesh (UPDGM), stating the facts. The GSI has not estimated such kind of vast resource of gold deposits in Sonbhadra,” Sridhar said.

ALSO READ: 2,900-tonne gold mine found in Sonbhadra, 4 times that of India's reserves

The UPDGM had said on Friday that gold deposits were found in Son Pahadi and Hardi areas of the district. Sridhar said while gold ore was found in the area during the GSI’s exploration work in 1998-2000, it had told the state government about the discovery in November last year.

Under the new regulation, which came into effect from 2015, the GSI has to inform the state government when ore deposits are discovered. Earlier, no such action was mandatory. In its report, the GSI estimated that only 3.03 gm of gold can be extracted from a tonne of ore. It also clarified that even the extraction amount was tentative and could not be established for certain.

Moreover, Sridhar said the deposits were spread across only 0.5 sq km in forest land, which made the mining of ore economically unviable. “When there are several mines nearby, we can club it into a block and then it makes sense to mine the ore. But in this case, the deposits are too small to make it viable for any company to mine it,” he said. The GSI usually prioritises its exploration work based on the needs of the Centre. While strategic minerals like tin, cobalt, lithium, beryllium, germanium, gallium, indium, tantalum, niobium, selenium, and bismuth are atop the list in GSI exploration, gold is another commodity on its priority list.

According to the World Gold Council, India has reserves of 630 tonnes of gold.

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