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 6,2020

Bengaluru, April 6: The total number of positive cases in Karnataka climbed to 163 after 12 more cases were reported, state government officials said on Monday.

Out of the 12 new cases, three of them have a history of travelling to Delhi.

The tally includes four deaths and 18 people have recovered and discharged.

The total number of COVID-19 positive cases in India crossed the 4,000 mark, mounting to 4,067, said Ministry of Health and Family Welfare on Monday.

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News Network
May 19,2020

Mysuru, May 19: Union Housing and Urban Affairs Minister Hardeep Singh Puri on Tuesday announced the results of garbage free-star rating for Indian cities.

He said that Ambikapur in Chhattisgarh, Rajkot in Gujarat, Mysuru in Karnataka, Indore in Madhya Pradesh and Navi Mumbai in Maharashtra have got a five-star rating.

Puri extended the wishes to the cities who got a five-star rating and said it came at a time when the entire world, including India, are reeling under the impact of COVID-19 pandemic.

"It was the intention of my senior colleagues and others to declare the result of star rating of garbage-free cities much earlier but we decided to postpone because we wanted at least some degree of opening to take place and we thought the timing is correct," Puri said.

The minister said that of all the flagship programmes Prime Minister Narendra Modi has announced, Swachta Mission is the most important programme for him.

"I have often shared with you my assessment that of all the flagship programmes that the Prime Minister had announced after the 2014 election results. But my personal view, a view I have had a citizen and certainly a view that is fortified by my experience as Minister for Housing and Urban Affairs, that the Swachta Mission by far is the most important programme of all the missions," Puri said

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Media Release
March 8,2020

Mangaluru, Mar 8: The Saraswat Co-operative Bank Ltd., celebrated International Women’s Day with a special seminar on Financial Planning for the banks’ women customers. The programme was held on Friday, March 6, 2020 from 4.00 to 6.00 p.m. at Hotel Ocean Pearl Inn, Bejai, Mangalore. Dr. Sukanya Rao, academician and financial planner, was the chief guest and resource person for the seminar. Mr. Srinivas C., Karnataka State Head, Future Generali India Insurance Company Ltd., was the guest of honour.  Mrs. Vimala Anchan, Senior Manager and Branch Head of M. G. Road Branch of Saraswat Bank presided over the function.

In her chief guest’s address, Dr. Sukanya Rao defined empowerment of women as the ability of take one’s own decisions and utilize resources. Quoting global rankings, she said India enjoys a high ranking of being 9th in the world in political empowerment of women, whereas in other sectors we stand abysmally low. In social empowerment of women, India ranks at 120th, in economic empowerment at 124th and health and survival at 135th.

She suggested that the best tool for enhancing these empowerment rankings is education, which will lead to earning potential and result in enhancing social status. “Every year spent in school boosts girl’s wages by 10-20%,” she said “When a girl receives 7+ years of education, marriage gets postponed by four years and she has 2.2 less children.” She advised women to learn to take one’s own decisions. “Learn to take decisions, especially financial decisions, on your own instead of depending on significant others to do the decision making,” she said.

She followed up her talk with an interactive session on personal financial planning. She enlightened the audience on factors influencing our financial decision making and gave different perspectives on prioritizing savings, spending and investment. 

Srinivas C., Karnataka State Head, Future Generali India Insurance Company Ltd., along with Deepak enlightened the women regarding financial safeguards available under Married Women's Property Act (1874).

Established in 1918, Saraswat Bank was the first co-operative bank to provide merchant banking services after it was recognized as a scheduled bank by RBI in 1988. The bank enjoys high proportion of women employees (nearly 75%) and it is a recipient of Best Cooperative Bank Award in 2016.

Fun games were conducted and prizes were distributed to the winners. Bhavanthi Street Branch Head Karthik Shetty welcomed the gathering. Prithvi Pai and Aishwarya rendered the invocation. Naina Shenoy expressed the bank’s Women’s Day greetings. Chilimbi Branch Head Kishore Shetty gave a vote of thanks. Mahesh Nayak compered the programme. Past Branch Head Mamtha Rao was present.

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