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
January 10,2020

Mangaluru, Jan 10: A person has been booked for forwarding provocative message on WhatsApp against the Dakshina Kannada Khazi Twaqa Ahmed Musliyar.

According to police, the accused Hassan forwarded provocative messages against the Khazi in a WhatsApp group on December 31, following which he was booked under several sections of Indian Penal Code (IPC).

Mangalore North Police are looking into the matter. 

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News Network
February 29,2020

Kochi, Feb 29: The Kerala Non-Resident Indians' Commission on Friday passed a resolution to request the Centre and Election Commission (EC) to make appropriate amendments in the Representation of Peoples Act, 1951, to ensure voting rights to the non-resident Indians working abroad. According to People’s Representation Act, 1951, None-Resident Indians (NRIs) can vote by proxy.

The Commission is a statutory body constituted for the welfare of Non-Resident Keralites working outside India.

The Centre had introduced a bill for this purpose which was passed by the Lok Sabha in 2018, but the same has since lapsed.

Therefore, the Kerala NRI Commission decided to request the Centre to consider introducing the bill in the next session of Parliament considering the interest of the NRI community at large.

The resolution was moved by commission member and NRI entrepreneur Shamsheer Vayalil, who is also a petitioner in the writ petition, filed regarding this in the Supreme Court.

"The central government may consider introducing the bill in the next session of the Parliament session considering the interest of the NRI community at large," read the resolution which will now be sent to the Ministry of Law and the Election Commission (EC).

Commission chairman Justice PD Rajan said the right to vote for NRIs is a genuine demand.

"This is the time that we step up pressure on the agencies concerned to implement this. Voting from the workplace would be a different experience for them. It would be a decisive step," he said.

This fresh development comes at a time when a petition filed in the Supreme Court on the same topic last week came before a bench headed by Justice Deepak Gupta, which considered the case and said it will be heard in April.

"We are expecting a favourable decision from the Supreme Court. We would also approach the NRI commission in other states and request them to raise the same demand," said Vayalil.

If implemented, millions of NRIs around the world would be able to exercise their franchise in the electoral processes of the nation. According to the estimate of the Ministry of External Affairs, there are about 3.10 crore NRIs.

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News Network
April 21,2020

Bengaluru, Apr 21: The group who had attacked police and healthcare workers at the minority-dominated Padarayanapura in the city on Sunday night had raised slogans ''kill police'' when the team went to quarantine some people, the police alleged in an FIR.

Around 100 to 120 people rushed out onto the road targeting the police and health workers who wanted to pick up primary and secondary contacts of coronavirus patients.

Cases have been registered against the miscreants based on the complaint of police officers.

In one of the FIRs, police sub-inspector Raman Gowda complained that when he went to quarantine 43 people with the healthcare officers, around 120 people rushed out and attacked them.

"The group of people holding sticks and stones rushed from Arafat Nagar," Mr Gowda said.

When he was trying to stop them from destroying a CCTV camera, the mob attacked him shouting slogans ''Kill the police. Don't spare them," he alleged in the FIR.

"They wanted to kill us with stones and sticks and some of our staff sustained injuries," the officer said.

According to police, 59 people have been arrested including A woman who had allegedly masterminded the attack.

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