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
April 23,2020

Apr 23: An FIR has been registered in Nagpur against Republic TV channel's editor Arnab Goswami for promoting social disharmony and accusing Congress President Sonia Gandhi of orchestrating the Palghar lynching.

Three Mumbai residents, including two sadhus, who were on their way to Silvassa on April 16, were lynched by a mob in Gadakchinchale village of Palghar district on the suspicion that they were thieves. Nagpur Police Commissioner B K Upadhyaya said they received a complaint which was turned into an FIR at Sadar police station.

DCP Vinita Sahu said Goswami has been booked under sections 117 (abetting commission of offence by the public or by more than 10 persons), 120 (B) (criminal conspiracy), 153 (A) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and doing acts prejudicial to maintenance of harmony), 153 (B) (imputations, assertions prejudicial to national-integration), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 290-A (public nuisance in cases not otherwise provided for), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the ipc. Another FIR was filed against him in Raipur, Chhattisgarh.

In a statement condemning Goswami, Maharashtra Congress said the killing has been wrongly given a communal angle despite ample proof of the contrary. "At a time when country is fighting against coronavirus pandemic, it is very unfortunate that a section of media as well as politicians are trying to create social unrest... [and] spread racial and religious hatred in society. Goswami has tried to create misogyny against women in the society. He made an outrageous remark against the Congress president on a live TV programme. This is completely unethical journalism and we publicly protest it. We believe in brotherhood and cannot accept such animosity. This will be dangerous for the unity and integrity of the country (sic)," it said.

Comments

Sayed Noorulla
 - 
Friday, 24 Apr 2020

Respected Mr. Uddhav thackeray, put this crazy fellow  Go Swamy in Mental Hospital, he require treratment, and after the treatment, sentence him to lifetime in prison.

 

Syed
 - 
Friday, 24 Apr 2020

He should be banned for lifetime from all the news channels, his licence should b cancelled and a hefty penalty should be put on him so that no one in future try to be a journalist to spread hatred and communal divide in society. He is a disgrace to India.

INDIAN
 - 
Thursday, 23 Apr 2020

One of the ugly person in our belover india, his duty is to divide people, make riot, and get good amount of money...he is not favouring any human being or even hindus....for him what if any innocent hindu or muslim die...he is sitting is AC room and igniting riot....

 

his supporters must be ashmed to have like this person whos bread and butter from killing innocent human of india...

Suresh
 - 
Thursday, 23 Apr 2020

Nice to herar this great news, Not only Arnab Gobarswami and his channel also ABP News, Zee News and India News all spreding Cammunal hatreds all these channels should be terminated forever. 

Mohammed SS
 - 
Thursday, 23 Apr 2020

Well done, I am very happy to herar this news, I beg not only criminal cases even his channel should be closed forever he is very big b***terd, he is always condem the penelists with harsh words while on the debates all are taking him lightly it looks very bad to the viewers  

Ahmed Ali Kulai
 - 
Thursday, 23 Apr 2020

This bugger should be put behind the bar as what Maharastra Govt has done for ABP News reporter. 

 

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News Network
July 13,2020

Bengaluru, Jul 13:  Karnataka Deputy chief minister Dr CN Ashwath Narayan on Monday urged chief minister BS Yediyurappa to cancel the license of private hospitals and private medical colleges which did not hand over their 50 per cent beds, to the government, Karnataka Deputy Chief Minister's Office said.

On June 26, the Karnataka government reserved about 50 per cent for COVID-19 patients in some private hospitals in Bengaluru.

Earlier in the day, former Karnataka Chief Minister HD Kumaraswamy said that the state government should provide vitamin C drug, Ayush Ministry-certified immunity boosters and sanitisers to every household in the wake of the coronavirus spread.

According to the Union Health Ministry, Karnataka has recorded 38,843 cases of COVID-19 to date.

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coastaldigest.com news network
May 9,2020

Mangaluru, Ma 9: Three more persons from Bantwal taluk in Dakshina Kannada district tested positive for Covid-19 today. All three are members of a family.

The infection is reportedly linked to First Neuro Hospital of Mangaluru, which has emerged as a coronavirus hub in coastal Karnataka.

With this, the total number of coronavirus cases in the district mounted to 31 including six outsiders. Three of them have lost their lives. Currently there are 15 active cases in the district.

The newly identified coronavirus patients are a 30-year-old man and two elderly women aged 60 and 70 years.

They have contracted the infection from a 69-year-old man from Bantwal who was confirmed with COVID-19 infection on May 1. All the three members now infected belong to his family.

The man had got the infection from a woman identified as P-390. He happens to be a relative and neighbour of the deceased woman who belonged to Bantwal Kasaba village. Eight  members of his family were quarantined, of whom three tested positive today.

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