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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Muhammad Abdullah Javed
May 20,2020

One of the distinguish features of the Noble Quran is that it presents different sorts of classifications. It is quite evident as one of the names of the Quran is Furqan that is it differentiates between things through its unique style of classification. The Quran openly proclaims the difference between right and wrong, truth and falsehood, literate and illiterate, light and darkness and so on. The system of Quranic taxonomy has a pivotal element with regard to ranking of human beings. It classifies them into two groups, one, who is honorable in the sight of their Creator and the second, disliked by Him.

This Quranic approach of classification is quite genuine, void of all sorts of bias. Since humans have no say in their birth, color or region, therefore the Quran doesn’t recognize these parameters to classify two groups of people.

The crux of Quranic taxonomy rests with the human ability which has been equally distributed among all humans. In terms of abilities to perform, barring those tasks performed with exceptional talents, all humans are equal. This is where Quran draws a line and specify who is most honorable in the sight of their Creator, it says:

 O mankind, We created you from one man and one woman, and then divided you into nations and tribes so that you may recognize one another. Indeed, the most honorable among you in the sight of Allah is he who is the most pious of you. Surely, Allah is All-knowing, All-Wise. (Chapter 49, Verse 13).

Criterion of judgement

To be most righteous in the sight of God, one has to be of pious nature. The Quran uses term Taqwa (a sense of distinguishing between right and wrong, piety) to exemplify the pious nature. It further specifies that the source of pious nature - Taqwa is an inherent quality of human beings. Along with the faculties of hearing, seeing and speaking they have been bestowed with (Taqwa) the criterion of distinguishing between virtues and vices, it has been mentioned in the Quran as:

And by the human self and by Him Who balanced it, then inspired it with its wickedness and piety (Chapter 91, Verses 7 & 8).

Good deeds and human nature

With the advent of human race on earth, the equation has been set in simple terms. Humans have to be obedient to their Creator by means of using their intellect, smart enough to use their ability to judge between right and wrong and spend their lives in performing good deeds. For this very reason God has created life and death:

Who created death and life that He may try you to see which of you is best in deeds, and He is All-Mighty as well as All-Forgiving (Chapter 67, Verse 2)

Since life is all about performing good deeds, the ability to perform any good action has been made as natural as recognizing any color with naked eyes. It is within the reach of a person to identify the difference between colors, so is his criterion of judgement that tells what to perform and what to refrain from?

Good actions have been synchronized with human nature whereas evil deeds are quite detrimental, that’s why there is a universal consensus over the conception of virtues and vices. No one can dare to differ with virtues like truth, justice and honesty etc, and no one appreciates vices like falsehood, violations and corruption. With this inherent ability of humans to identify good and bad, the concept of virtues and vices has been described with the same bent of human intellect, there is no philosophical and ideological kind of description to tell what truth and falsehood are, it is as simple as this:

Prophet Muhammad (peace be upon him) said: Give up what is doubtful to you for that which is not doubtful; for truth is peace of mind and falsehood is doubt (Tirmidhi)

Highway of actions

The Quran presents a highway of actions for everyone who believes in it and intend to be most honorable in the sight of the Creator. For each and every day, there is a definite plan of action to go ahead with it to please the Creator. Again, for every week and month, there are clear specifications with regard to individual and collective actions. So no place for claims and reservations, no place for any excuse either, things have been made clear. For a person to be honored, he has to be man of deeds, that’s it. Every person has fair chances of performing better, as the life has been given, criterion of judgement between right and wrong has been given, and plan of action has been provided with. Now one has to energize himself for everyday action and try to set right the intention.

Difference in human efficiencies

No doubt there are differences in human abilities and efficiencies, one may argue about the quality and magnitude of actions. Those who are of high efficiency may perform well and those who are inefficient may not? True, to convince what Quran emphasizes is, God doesn’t look at the magnitude of an action, rather He sees with what intention in what circumstances it has been performed? If any person keep fast in scorching heat for more than 16 hours a day will get high rewards compare to the one who fast less than 10 hours a day at a cold place. Again, if the intention is to please the God, than every action, no matter how small or big it is in its scale, will fetch rich dividends. A poor’s donation of few rupees will be equal in rewards as compare to what a millionaire gets by donating thousands of rupees from his enormous wealth. The act of charity has demanded sacrifice; both of them have sacrificed in accordance with their capacities. Therefore upon asking whose charity is noble in the sight of God, the Prophet Muhammad (pbuh) said: The charity of poor person who tries hard to get few rupees from his hard earn money to donate in the way of God (NasaiBook of Hadith).

The Quranic taxonomy of human is quite justifiable as every human bear testimony to its genuine and unbiased classification through what we term as actions. Therefore the world has to witness a race between men and women to see who can compete with others in order to please their Creator?

Whosoever acts righteously – whether a man or a woman and embraces belief, We will surely grant him a good life; and will surely grant such persons their reward according to the best of their deeds. (Chapter 16, Verse 97)

God-oriented actions, privilege for the Humanity

It’s very unpleasant to notice that in today’s world the parameters like statuses, resources and wealth have been regarded as privilege and honor for both humans and their societies. No doubt they are, but not at the cost of losing the very essence of human nature and sacrificing its interest. Today’s advancements speak of this dark phase where the height of inventions and discoveries touching the skies while the dignity and honor of humans have gone to the lowest of the low. The ever increasing poverty, hunger, untimely deaths, different forms of corruption in the land, violation of human rights are just to remind a few. The presence of rich and poor, highs and lows in the society speaks of disparity of actions, lack of selfless service and hearts void of God’s love and fear.

The beauty of humanity is to remain in the service of God and always stand on the toes to help those who are in need. This God-oriented action enables every doer to be dear to his God as the classification of good and the bad is purely based on the actions performed for the sake of the Creator:

Everyone is assigned a rank according to his deed. Your Lord is not heedless of what they do (Chapter 6, Verse 132).

 

Muhammad Abdullah Javed is the Director of AJ Academy for Research & Development. He can be reached at [email protected]

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News Network
February 2,2020

New Delhi, Jan 2: India on Sunday reported the second case of novel coronavirus with a person from Kerala with a travel history to China testing positive, officials said.

"The patient has tested positive for novel coronavirus and is in isolation in a hospital," the health ministry said.

The patient is stable and is being closely monitored, it said.

India's first novel coronavirus case in India was also reported from Kerala with a student testing positive.

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Agencies
February 7,2020

New Delhi, Feb 7: The Supreme Court on Friday issued a notice to the Central government on a plea challenging the Constitutional validity of the Citizenship Amendment Act (CAA) and effective implementation of the Assam Accord.

A bench of Chief Justice of India (CJI) SA Bobde also sought Centre's response on the plea filed by Assam Social Justice Forum.

The petition sought appropriate directions for taking effective steps for the implementation of Assam Accord, 1985 in letter and spirit and for conservation and preservation of the of a distinct culture, heritage and traditions of the indigenous people of Assam.

The Assam Accord, 1985, had fixed March 24, 1971, as the cut-off date for deportation of all illegal immigrants irrespective of their religion.

The Bench also sought Centre's response on another fresh batch of pleas challenging CAA and tagged them along with other petitions pending in the matter.

One of the petitions, filed by the Association of Advocates from Maharashtra among others, sought to declare the Citizenship Amendment Act as discriminatory, arbitrary, and illegal and consequently set aside the impugned act as ultra-vires the Constitution of India.

On the other hand, over a hundred petitions have been filed in the apex court, for and against the amended citizenship law, which is facing opposition and protests across the country.

CAA grants citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who fled religious persecution in Afghanistan, Bangladesh, and Pakistan and took refuge in India on or before December 31, 2014.

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