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 7,2020

Mangaluru, May 7: The Dakshina Kannada District Muslim Okkoota has strongly condemned permit for opening of textile and footwear shops across the district at a time when the number of Covid-19 positive cases are on the rise.

In a press note here on Thursday, former Mayor and Okoota President Ashraf alleged that the permission to open the shops at a time when Eid-ul-Fitr was nearing would lead to rush in the shops in turn bringing in fear of spread of Covid-19. 

He expressed his resentment over the fact that the administration has neglected the appeal made by the Okkoota as well as the Qazi of Udupi against permitting textile shops during the lockdown period.

He warned that the administration, district in-charge Minister, MLA and MP themselves will be responsible in case of increased infection cases due to this decision.

The district in-charge minister Kota Srinivas Poojary yesterday had announced that textile shops in the district can be opened from May 7.

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News Network
March 15,2020

Bengaluru, Mar 15: The week-long ban imposed by the Karnataka Government from Saturday is yet to get a total response in the State to fight against the spread of killer disease Coronavirus (COVID-19).

The ban has witnessed a considerable reduction in the travelling public by Bus and train. Bus terminal and Railway stations wore desert look or only a very few public travelling. KSRTC, which was maintaining service for every 10 minutes once between the State Capital and to City of Palaces, was forced to cancel most of the service due to very little patronage. 

"We were left with no option but to cancel the fleet since there are no passengers," sources at the KSRTC Bus terminal told media persons.

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coastaldigest.com news network
February 18,2020

Mangaluru, Feb 18: Within days after Kambala racer Srinivasa Gowda emerged a national hero, another Kambala racer Nishant Shetty has grabbed headlines. 

Nishant Shetty from Bajagoli Jogibettu reportedly broke Gowda’s record at the Venoor Kambala on Sunday. Shetty recorded 143m in 13.68 seconds. If calculated for 100m he clocks it in 9.51 seconds. His speed is faster than Gowda who clocked 9.55 seconds.

According to Kambala organisers, with Shetty’s feat, four participants have joined the elite club of racers who have completed the 100 metres in less than ten seconds.

They are Iruvathur Anand (9.57 secs), Akkeri Suresh Shetty (9.57 secs), Srinivas Gowda (9.55 secs) and Nishant Shetty (9.51 secs). Anand and Suresh Shetty had participated in the same Venoor Kambala where Nishant emerged first.

Kambala is an annual race held in Karnataka where people sprint 143m through paddy fields with the buffaloes. During the race, the racers try to bring the buffaloes under control by holding their reins tight and beating them, making it amply clear that the animal plays an equally important role in achieving the timing. Traditionally, it is sponsored by local Tuluva landlords and households in the coastal districts of Dakshina Kannada and Udupi.

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