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
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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News Network
January 15,2020

Hubballi, Jan 15: Leaders of the Muslim community, Dalit organisations, Congress Party, and others are staging a hunger strike at Dr B R Ambedkar Circle in Hubballi, opposing the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

Raising slogans against Prime Minister Narendra Modi and Union Home Minister Amit Shah, they demanded the withdrawal of the CAA and not to implement NRC.

"India is witnessing such a dictatorship for the first time. The BJP government is trying to divide people into the lines of religion, through CAA and NRC. This move is a threat for peace and harmony in the country," said AICC member Shakir Sanadi, who led the protest.

Sayed Tajuddin Quadri, Moulana Niyaz Alam, Moulana Nayimuddin and others took part in the hunger strike.

Former minister A M Hindasgeri, former MP I G Sanadi, F H Jakkappanavar, Pitambrappa Bilar, and others also extended support to the protest.

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coastaldigest.com news network
February 7,2020

Newsroom, Feb 7: Prime Minister Narendra Modi’s recent statement that there is no detention camp in India is no more a lie. That doesn’t mean that there are no detention camps in the country, but the name of the camps have changed. 

In December, at a mega rally at Ramlila Maidan, meant to launch the BJP's campaign for the assembly elections in Delhi, Mr Modi had stated: “The rumour of detention centres being spread by the Congress and urban Naxals is totally false. This is being done with a bad intention to destroy the country, it’s filled with evil motives; this is a lie, lie, lie.” He had further claimed: “Neither are any of the country’s Muslims being sent to detention centres nor is there any detention centre in India”

In reality there are at least six detention camps in jails in Assam to house foreigners found staying in India illegally. A month prior to PM’s statement, Union minister of the state for home affairs Nityanand Rai had revealed that the six camps in Assam housed 1,043 foreigners — 1,025 Bangladeshis and 18 Myanmarese. Apart from these, at least ten new detention centres are coming up.

Outside Assam too, the Maharashtra government, under the then chief minister Devendra Fadnavis, had identified land for the state’s first detention centre for illegal immigrants.

Besides, in a case relating to illegal immigrants in Karnataka High Court in November this year, the Centre had told the court that it had written to all state governments in 2014 and sent a follow-up letter in 2018 to have detention centres to house foreign nationals illegally staying in India.

Karnataka’s first detention centre, apparently meant to lodge illegal immigrants and migrants overstaying in the country, is already open in Sondekoppa village on the outskirts of Bengaluru. The facility with several rooms, a kitchen and toilets has been kept ready on the directions of the government. 

Meanwhile, Union Minister of state for home Nityanand Rai has told the Lok Sabha that the name "detention centre" has now been changed to "holding centre".

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