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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coastaldigest.com news network
May 29,2020

Dammam, May 29: A woman hailing from Mangaluru, who was waiting for repatriation amidst coronavirus lockdown in Saudi Arabia, passed away yesterday after a brief illness.

The deceased has been identified as Lateefa (55), wife of Abdul Azeez, a resident of Angaragundi near Baikampady on the outskirts of the city.

She had flown to Saudi Arabia in November 2019 along with her husband to spend some time with their NRI son in Dammam. They were supposed to return in April this year.

After the sudden cancellation of regular flights due to lockdown, they were waiting for the repatriation flights from Dammam to Mangaluru or Bengaluru.

Meanwhile, Lateefa’s health condition worsened and she was hospitalised. She passed away on Thursday without responding to any treatment. Last rites are expected to take place in Dammam.

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News Network
February 4,2020

Bengaluru, Feb 4: Taking the state government to task, the Karnataka High Court on Monday opined there was a need to rehabilitate or compensate migrant workers whose homes in Tubarahalli and Kundalahalli were demolished by a BBMP engineer last month.

On January 19, the Bruhat Bengaluru Mahanagara Palike (BBMP) assistant executive engineer at Marathahalli had taken up a demolition drive stating that the migrant workers residing in the area were “illegal Bangladeshis”.

A division bench led by Chief Justice Abhay S Oka was hearing a petition by the People’s Union for Civil Liberties which contended that the evacuation of the workers was illegal. Stressing the need for relief, the court directed the state government to come clean on its stance and adjourned the hearing to February 10.

Advocate General Prabhuling K Navadgi submitted that the Union government had issued a circular last year to ascertain the presence of illegal Bangaladesh migrants. “On the basis of this circular, the BBMP officials had written a letter to Marathahalli police sub-inspector on January 18. Based on this letter, the residents in huts were evicted in a civilised manner,” he stated.

The bench, however, differed with the submission. “Who identified them as Bangladeshis before the eviction? Which is the competent authority to do so? Which police officer took up the inquiry?” the bench questioned.

The court also asked whether the government would take up similar eviction drives against illegal buildings of the rich. It also expressed displeasure over the action taken against the BBMP engineer.

“Instead of sending him home, you say you have transferred him. We can’t be mute spectators,” the bench said.

The court did not mince words as it castigated the authorities for failing to act judiciously. “The police and the BBMP are blaming each other. Your action appears to be dangerous. Going by the state of things, it seems that everything is not in order,” it said.

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News Network
April 5,2020

Bengaluru, Apr 5: The COVID-19 related lockdown has substantially improved the air quality of Bengaluru, taking it from satisfactory level to good, a senior state pollution control board offcial said here on Sunday.

"During the course of the lockdown 19 problem, we reached good position from satisfactory.

It is between zero to 50 AQI (Air Quality Index) now. We have good quality air," the Karnataka State Pollution Control Board member secretary Basavaraj Patil told PTI.

He said the indicator for knowing the air quality in

"If the AQI is zero to 50 then it is good. If it is 50 to 100 then it is satisfactory. 101 to 150 is moderate and if it is 151 to 200, then it is poor, he explained.

Patil said as per available recrods, there has been a 60 to 65 per cent reduction in pollution during the lockdown.

The city railway station and Peenya industrial area, which used to be among the areas with highest AQI, has seen pollution levels come down significantly, he said.

Another major contributor of pollution was construction activities, which too had ground to a halt due to the lockdown, resulting in zero dust emission.

Patil opined that the improved air quality would boost the immune system of the people.

"It will improve the immune system of people, including those who have breathing problems like asthma," he said.

He asked the public to learn lessons from the lockdown and later switch to sustainable means of transport such as public transport, walking and cycling,.

"We can still reduce the pollution load even after the lockdown is over," Patil said.

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