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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 10,2020

Belagavi, Feb 10: In comments that raised eyebrows, Ramesh Jarkiholi, who quit the Congress and joined the BJP and who took oath as minister last week, said his brother Satish has a bright future. The two siblings have rarely seen eye-to-eye — at least in public — in recent times.

He also trained his gun on Congress leader DK Shivakumar, sarcastically thanking the Congress MLA for his meteoric rise. “Had Shivakumar not stood against me, I would not have emerged as a tall leader in the state. I must thank him,” Ramesh said.

The Gokak MLA said Satish of the Congress, the most politically-savvy of the five Jarkiholi siblings, would reach “the top” in his political career. However, he advised him “to inculcate patience and adopt strategies”. “He should make his moves at the right time as timing is very important in politics,” Ramesh said.

He also urged Satish to keep his supporters happy. “Many of his followers are disappointed with his leadership because he does not extend a helping hand to his own people. In the present political climate, people do not endorse a leader who only talks about Buddha and Basava,” Ramesh said.

Ramesh took a dig at Lakan, the youngest sibling, saying, “Lakan speaks ill about me most of the time. He does not understand much. But we brothers are one when it comes to family. We are united when it comes to family matters, but when it comes to politics, we are at loggerheads.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 5,2020

Bengaluru, Mar 5: The Karnataka government has constituted a competent authority for I Monetary Advisory (IMA) cases under the KPIDFE (Karnataka Protection of Interest of Depositors in Financial Establishments) Act, 2004, which is required to call claims from erstwhile depositors of the IMA group of entities under the provisions of the Act, said Harsh Gupta, Special Officer and Competent Authority for IMA cases.

In order to ensure transparency and to avoid harassment to the claimants, an online application software has been developed for accepting claims from the depositors, Gupta stated.

"The claim application can be filed from any of Banglore-1, Karnataka-1 and Seva-Sindhu Kendras of the state government in person or through online. The required documents can be submitted using e-attestation along with claims or at a later date, but prior to the claim settlement. The details of authorities for e-attestation will be informed later," the official stated.

The claimants will have to provide Aadhaar authentication based identification or identification by the designated officer based on alternate documents; current mobile number and address among others.

The details of the draft claim filing process has been put for public feedback on website 'imaclaims.karnataka.gov.in'. The depositors can give their feedback on the website, WhatsApp number or email, Gupta stated.

Based on feedback received from the depositors, the claim process and the claim application software will be finalised, the official said and further informed that the start date for acceptance of claims will be informed through wide publicity at a later date.

"There will be a total time period of 30 days for submission of the claims from the start date of acceptance of claims," Gupta said.

An SIT was investigating the multi-crore IMA Jewels case, where the firm had allegedly cheated a large number of investors after promising them impressive returns on their deposits. The SIT has already arrested several government officials and questioned others including politicians in the matter.

The prime accused and Managing Director of IMA Mohammed Mansoor Khan, who had fled the country after several complaints were registered against him in connection with the scam, has also been arrested.

The state government had constituted an SIT to probe the scam when it first came to light in June earlier this year when more than 4,000 investors trooped outside the showroom after an audio clip purportedly recorded by Khan went viral.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 2,2020

Bengaluru, Jan 2: Prime Minister Narendra Modi on Thursday arrived at the Yelahanka air base by a special plane on a two-day visit to Karnataka to attend events in Tumakuru and Bengaluru.

Chief Minister B S Yediyurappa, Union Ministers D V Sadananda Gowda and Pralhad Joshi and state Revenue Minister R Ashoka were present to welcome Modi.

Yediyurappa greeted the Prime Minister by garlanding him and offering a shawl and adorned him with a Mysuru Peta (turban).

Later, Modi flew to Tumakuru to attend events at the Siddaganga Math apart from addressing a gathering and to present the Krishi Karman Award.

In the evening, the Prime Minister will visit the DRDO facility to dedicate five DRDO Young Scientists Laboratories to the nation.

He will stay at the Raj Bhavan on Thursday.

On Friday, Modi will inaugurate the 107th Indian Science Congress at the University of Agriculture Science in Bengaluru.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.