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
January 3,2020

Mangaluru, Jan 3: General Secretary of the All India Sunni Jamiyyatul Ulama, AP Aboobacker Musliyar Kanthapuram, visited the family members of Abdul Jaleel and Nousheen, expressed his condolences.

Jaleel, resident of Bundar Kandak and Nousheen, resident of Kudroli were killed in police firing that took place during the anti-CAA protest in the city on December 19.

Former President of the District Wakf Advisory Committee of Dakshina Kannada SM Rasheed Haji, Corporator Lateef Kandak, Congress leader N S Kareem and Ashraf Kinara, Samsuddin Kudroli were also present. 

DYFI delegation

Meanwhile, a central delegation of the Democratic Youth Federation of India also met the families of the both the victims and expressed solidarity with the kin of the deceased.

The delegation comprised of DYFI national president advocate Mohammad Riyaz, other leaders such as A A Raheem, S Satish, S K Sajeesh, legislator V K Sanoj and DYFI State present Muneer Katipalla.

 

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News Network
June 13,2020

Mandya, Jun 13: Degree colleges will begin classes after the lockdown is lifted and dates for examinations will be announced later, said deputy chief minister CR Ashwath Narayan on Friday.

Speaking at College of Agriculture, Mandya (VC Farm) on Friday, Ashwath Narayan said the lockdown will be completely phased out on June 30 and degree colleges will begin classes after that. “We will speak with all stakeholders to chalk out measures as to how to reopen degree colleges amidst coronavirus scare. All students must continue their studies and be prepared for exams,” he said.

Narayan said the cabinet has approved to upgrade VC Farm as a university and an ordinance will soon be promulgated in this regard. “There is a need to change the present curriculum to meet present day requirements. VC Farm will be made into a world class agriculture university and a vice chancellor will be appointed,” he said.

“Apart from traditional education, we must concentrate on skill-based education as it should create more job opportunities. We are committed to establish more skill-based educational institutes in Mandya district,” Narayan said.

Later Narayan visited Shivaragudda near Maddur and inspected 48 acres of government land which could be used for establishing skill-based education institutions. “This land was earlier used for imparting skill-based education in a collaboration with Denmark. Sir M Visvesvaraya had established skill-based institutions here in 1923 and now they have become defunct. The then prime minister of Denmark had inaugurated this century old institution. We will revive it and this will help local youths,” he said.

‘Ticket promised only to R Shankar’

When asked, Narayan said R Shankar, who quit the Congress-JD(S) coalition and joined BJP will be given a party ticket to contest the legislative council election. “Except Shankar, the high command did not promise council tickets to those who quit congress and JD(S) and joined our party. It is true that there is hectic lobbying in BJP to get tickets,” he said.

Comments

Tejashwini
 - 
Friday, 24 Jul 2020

Sir when does degree clg gets reopen  in karnataka

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News Network
May 23,2020

Bengaluru, May 23: SSLC and PUC students residing in containment zones will not be able to write the exams scheduled to be held in June and July, respectively, but will be given opportunity to write the supplementary examination and treated as fresh candidates.

Primary and Secondary Education Minister S. Suresh Kumar announced this at a press conference on Friday.

In turn, officials in the Department of Primary and Secondary Education will start collecting the list of students in containment zones. However, they are worried since the list of containment zones is dynamic and a particular locality can be declared a containment zone even the night before the examination.

“If any examination centre is located in the containment zone, then we can change the centre and move it to a non-containment zone. However, if a student resides in a zone that is declared containment zone just before the exam, there is no option but for the person to skip the exam,” an official said.

Officials of the department are worried about another scenario as well. “There is a chance that midway through the examination, an area is becomes a containment zone. Then some students may write a few papers and give the rest a miss. Implementation at the district- and block-levels will be a challenge,” said an official.

Sources said that the department is working out several situations that may arise and trying to work on providing practical solutions to the students.

Around 5.98 lakh students have registered for the second pre-university English examination that is scheduled to be held on June 18. As many as 8.48 lakh students have registered for the SSLC examination scheduled to be held between June 25 and 4 July. Currently, there are 261 containment zones in Karnataka that have 5.49 lakh people residing in these zones.

Meanwhile, the Karnataka Secondary Education and Examination Board has decided to ensure that only 18 students are seated in a classroom to write the SSLC examination. This is to ensure that social distancing is maintained in the exam hall.

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