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
March 30,2020

Bengaluru, Mar 30: Karnataka Chief Minister BS Yediyurappa on Monday appealed to people to strictly follow the restrictions in the state, saying that the ending of 21-day nationwide lockdown imposed to contain COVID-19 depends on how the public adheres to the rules.

In a press statement, Yediyurappa appealed to the people to help the government to prevent the spread of coronavirus by strictly following the lockdown.

"People of Karnataka are known for tolerance and patience. They are law-abiding citizens. Now, the lockdown in wake of coronavirus is a testing time for them. It has come to test the patience of our people, especially the people of Karnataka. Prime Minister Narendra Modi himself has apologized and said that lockdown was an inevitable step taken by the government to protect people from the pandemic. We have to realise the predicament of a prime minister who always cares for the well being of the country and its people," the statement quoted Yediyurappa as saying.

"At this hour of crisis, it is not good on our part to come out of houses and violate the curfew. The ending of lockdown depends on strictness with which one follows the curfew and maintain social distancing. If one follows the curfew strictly, the lockdown period will automatically end on April 14. Whether to end the lockdown or not is in your hands," he said.

The Chief Minister urged not to test the patience of police, saying, "Already our police are under stress as they are working without any rest. Do not force them to use the force and later blame them for stern action."

He also appealed to follow the lockdown provisions and stay back in their home.
"The government has taken all measures to maintain the supply of essentials and food to the needy. Consider this situation as a blessing in disguise and spend your valuable time reading books which in turn will boost your knowledge and intellectual capacity. My earnest request to even the poor is spending your time by involving yourselves in creative activities inside your houses," Yediyurappa said.

"At the same time, it is time for us to respect the sacrificing work of the doctors, nurses, health staff and civic workers who are working round the clock to save the lives of hundreds of people affected by coronavirus. My appeal to you all strictly follows the curfew rules and maintains the social distance to combat COVID-19," he added.

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News Network
March 22,2020

Mangaluru, Mar 22: A video being circulated in the social media purportedly of a man infected with COVID-19 at a hospital here is fake, its authorities said.

The video which shows a youth, dressed in pink trousers and wearing a mask, struggling to breathe on a blue hospital bed, had gone viral after which the Wenlock hospital issued a clarification.

The video started circulating after Dakshina Kannada Deputy Commissioner made public Sunday that a person has tested positive for coronavirus at the hospital.

Follow live updates of coronavirus cases in India here

"A video of a patient convulsing on a hospital bed is being circulated on social media. This video is not of Wenlock hospital. Besides, we do not use blue beds," the hospital said in a statement, adding that they will file a complaint with the police regarding the video.

The first COVID-19 case in the district was confirmed at the hospital on Sunday.

The 22-year old man who came here from Dubai was tested positive and is under treatment in the isolation ward.

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coastaldigest.com news network
May 15,2020

Mangaluru, May 15: Mohammed Kana, son of late Ismail Kana and grandson of late Dr M S Bapanad Mulki passed away in Riyadh, Saudi Arabia due to heart attack on Thursday. He was 57.

Hailing from Mangaluru, Mohammed Kana was working in Saudi Arabia for past 30 years. He is survived by his wife, son and a daughter.

He was involved in various social and welfare activities in India and Saudi Arabia. His tragic demise has left huge vacuum in his family and community at large.

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Ahmed Ali Kulai
 - 
Sunday, 17 May 2020

Inna Lillahi Wa Inna Ilaihi Rajihoon

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