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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coastaldigest.com news network
May 15,2020

Mangaluru, May 15: Mohammed Kana, son of late Ismail Kana and grandson of late Dr M S Bapanad Mulki passed away in Riyadh, Saudi Arabia due to heart attack on Thursday. He was 57.

Hailing from Mangaluru, Mohammed Kana was working in Saudi Arabia for past 30 years. He is survived by his wife, son and a daughter.

He was involved in various social and welfare activities in India and Saudi Arabia. His tragic demise has left huge vacuum in his family and community at large.

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Ahmed Ali Kulai
 - 
Sunday, 17 May 2020

Inna Lillahi Wa Inna Ilaihi Rajihoon

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News Network
May 29,2020

Bengaluru, May 29: Karnataka reported 248 new cases of coronavirus on Friday, and with that, the state tally surged to 2,781. 

A 50-year-old woman, resident of Chikkaballapura district, succumbed to the infection on Friday. She was admitted to a private hospital on May 24 following acute kidney injury and pneumonia. As her condition deterorted, she was shifted to a designated hospital in Bengaluru Urban on May 28, where she tested COVID-19 positive.

Out of the 248 cases, only 16 persons have contracted the virus inside the state. The remaining are the people who have returned from Maharashtra, Delhi, Andhra Pradesh, Tamil Nadu and Ireland.

The maximum number of people, who tested positive for COVID-19, have returned from Maharashtra. Most of these people are residents of Udupi, Kalaburagi, Yadagiri and Raichuru.

Besides, five people have a travel history to Delhi, while one person each has tested positive on returning from Andhra Pradesh, Tamil Nadu, Rajasthan and Ireland.

Fifteen people have tested positive within the state and have been infected by persons who had previously tested positive or have a history of Influenza-like Illness and Severe Acute Respiratory Illness.

Out of all the cases, 10 have been reported in Bengaluru Urban while one has come up in Bengaluru Rural.

Meanwhile, on Thursday, the Karnataka government asked the Civil Aviation Ministry to reduce the number of flights coming in the state from the five worst-hit states -- Maharashtra, Tamil Nadu, Gujarat, Madhya Pradesh and Rajasthan.

"Karnataka has appealed to the Civil Aviation Ministry to take steps to lessen the air traffic to the state, with the sacred intention that there may not be adequate quarantine facilities if there is a huge turnout in a short span of time," state Law and Parliamentary Affairs Minister J.C. Madhuswamy explained.

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News Network
February 28,2020

The Karnataka BJP, which faced action on Twitter earlier this month over incendiary tweets, this time has passed the blame of Sangh Parivar sponsored Delhi violence to the victims.

In an insensitive tweet on Friday, it dubbed the protests against the notorious Citizenship Amendment Act (CAA) as "fake" and added that the violence that followed was "the most well-planned assault on the Idea of India," in an apparent attempt to portray the victims as villains.

The handle, notorious for tweets targeting Muslims, blamed the clashes that erupted in Delhi between people demonstrating for and against the CAA on "so called 'Peacefuls'" - a known right-wing slur for Muslims.

Many people on social media called out the tweet for misleading people and covering up the role of Delhi BJP leader Kapil Mishra's provocative speech for triggering the violence or the failure of the Delhi Police, which reports to the former BJP chief and Union Home Minister Amit Shah, in controlling the riots.

Earlier this month, the Karnataka BJP had tweeted a video of Muslim women standing in queue to vote in the Delhi elections, showing their voter ID cards, with the snarky caption: "Keep the documents safe, you will need to show them again during NPR (National Population Register) exercise."

Soon after, the party unit's Twitter handle was blocked by the social media platform for 24 hours after many accused it of encouraging Islamophobia.

NPR has been widely criticised by opposition parties as a precursor to the government's planned NRC or National Register of Citizens which intends to make Indians prove their citizenship with documents that many poor or illiterate do not possess.

Many fear that combined with the already imposed CAA - which promises citizenship to only non-Muslim refugees from Pakistan, Afghanistan and Bangladesh - the NRC can be used to make millions of Muslims stateless.

The government has denied the allegation and said the CAA only intends to help those who have faced religious persecution. In recent weeks, it has gone back on its rhetoric on the NRC which was announced by Amit Shah in parliament as "it will certainly happen".

The CAA, which was cleared by parliament in December, has triggered deadly protests in the country which left at least 25 dead till Sunday. Since then, at least 42 more people have been killed as large-scale violence erupted in northeast Delhi and hundreds of homes and shops have been burned to the ground.

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