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 21,2020

Bengaluru, Jan 21: Braving the biting cold, chief minister BS Yediyurappa took time out of his busy schedule to go around Davos on Monday.

Clad in a long coat over a suit, scarf and leather gloves, Yediyurappa, with secretary S Selvakumar in tow, took in the sights of well-laid bylanes, quaint houses and snow-covered pine trees. He also rode a cable car at Persenn.

A cook from Andhra Pradesh, who works at an Indian restaurant in Davos, served the CM shavige uppittu and khara pongal for breakfast. Yediyurappa had chapatis and rice for dinner.

Meanwhile, Karnataka is likely to have a ‘Centre for Internet of Ethical Things’, perhaps, the world’s first, which will seek to ensure ethical practices in trade and businesses, besides addressing issues like misuse of artificial intelligence, a concern that has been bothering business leaders across the globe.

At the World Economic Forum in Davos, Yediyurappa signed an informal agreement with Murat Sonmez, the forum’s managing director, on Monday. "Investors around the globe are worried about unethical practices in business and a centre is the need of the hour," Sonmez was quoted as saying in a press release. "If the Karnataka government is serious about securing investment, it should set up the centre immediately."

Yediyurappa immediately responded to the suggestion by prompting Sonmez to write down an informal agreement on a sheet of paper which both signed. "This centre will go a long way in Karnataka’s history of industrial development," Sonmez was quoted as saying in a release by the Karnataka delegation.

At the inauguration of Karnataka’s pavilion, Yediyurappa promised all support to investors. "We are happy to be here and look forward to engage you on various development agenda," he said adding that he was keen to partner on certain strategic research that can help Karnataka become a major player on the global stage. "With Karnataka emerging as a leading industrial state in India, we can make it a major player on the global stage," he said.

Industries minister Jagadish Shettar, chief secretary TM Vijaya Bhasker and industries secretary Ramana Reddy were also signatories to the informal agreement.

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News Network
January 19,2020

Davanagere, Jan 19: Seven people, including four women, were arrested for allegedly selling a 13-month-old female baby here on Saturday.

Police said that the baby was sold to a couple who had no child. The couple hailed from Ranebennur town in Haveri District of Karnataka. They sold the baby, which was their fourth child.

The arrested were identified as Kavita (26) and her husband Manjunath (couple who sold the baby), Dakshayani (34) and her husband Ravi (49) of Ranebennur, Haveri District (the couple who purchased the baby, Chitramma (44) Nurse, Kamalamma (45) and Karibasappa, who acted as middlemen for the deal.

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News Network
February 23,2020

The euphoria over the claim that around 3,000 tonnes of gold reserves, worth Rs 12 trillion, have been discovered in Uttar Pradesh’s Sonbhadra district could not last even 24 hours, with the Geological Survey of India (GSI) clarifying on Saturday there had been no such discovery.

The GSI, headquartered in Kolkata, rebutted the claims of the Uttar Pradesh Directorate of Geology and Mining (UPDGM), and said “miscommunication” must have led to the wrong reporting of facts.

M Sridhar, director general of the GSI, said nobody in the agency gave any such data. He said 52,806 tonnes of gold ore was found in Sonbhadra district during the exploration work in 1998-2000. From this reserve, only 160 kg of gold can be extracted.

“There must have been some miscommunication of facts because of which the gold ore deposits have been overestimated. We have written a letter to Uttar Pradesh (UPDGM), stating the facts. The GSI has not estimated such kind of vast resource of gold deposits in Sonbhadra,” Sridhar said.

ALSO READ: 2,900-tonne gold mine found in Sonbhadra, 4 times that of India's reserves

The UPDGM had said on Friday that gold deposits were found in Son Pahadi and Hardi areas of the district. Sridhar said while gold ore was found in the area during the GSI’s exploration work in 1998-2000, it had told the state government about the discovery in November last year.

Under the new regulation, which came into effect from 2015, the GSI has to inform the state government when ore deposits are discovered. Earlier, no such action was mandatory. In its report, the GSI estimated that only 3.03 gm of gold can be extracted from a tonne of ore. It also clarified that even the extraction amount was tentative and could not be established for certain.

Moreover, Sridhar said the deposits were spread across only 0.5 sq km in forest land, which made the mining of ore economically unviable. “When there are several mines nearby, we can club it into a block and then it makes sense to mine the ore. But in this case, the deposits are too small to make it viable for any company to mine it,” he said. The GSI usually prioritises its exploration work based on the needs of the Centre. While strategic minerals like tin, cobalt, lithium, beryllium, germanium, gallium, indium, tantalum, niobium, selenium, and bismuth are atop the list in GSI exploration, gold is another commodity on its priority list.

According to the World Gold Council, India has reserves of 630 tonnes of gold.

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