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
March 29,2020

Kannur, Mar 29: A non-resident Keralite (NRK)

under home quarantine here since he returned from Sharjah recently died on Sunday, officials said.

According to health authorities, Abdul Khader (65), a resident of Kannariparamba, was kept under home quarantine after he returned from abroad on March 21.

Police said the man had no symptoms of coronavirus but was under isolation as per Covid-19 protocol for persons returning from abroad and other states.

"The relatives of the deceased took him to hospital after seeing him unconscious in his room. However he died before reaching the hospital," police said.

Quoting medical college authorities, the Mayyil police said he died of cardiac arrest.

However, the health officials said they will test his blood sample to ascertain whether he was affected with novel coronavirus.

The body has been kept at the Kannur medical college and will be handed over to his kin only if the result of his blood test is negative, sources said.

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News Network
April 27,2020

Bengaluru, Apr 27: As many as 345 Bengaluru-based journalists tested negative for coronavirus on Monday after undergoing a medical check-up got up for them at a hospital here, a top official said.

They had undergone the tests at the Sir C V Raman General Hospital here on April 25 and the results came out negative on Monday. They were among a total of 1,170 journalists who took the tests at the four-day medical check-up camp at the Hospital here from April 23.

"The medical check-up was done in four slots at the Hospital here from Thursday and concluded on Monday. A total of 1,170 journalists undertook the tests, 480 of them on Monday alone, the joint director of the Department of Information and Public Relation D P Muralidhar said.

The test reports of the 480 journalists may come out on Wednesday, he said. Only one journalist tested positive so far and has been admitted to the designated COVID-19 hospital, he said, adding 36 of his primary and secondary contacts have been quarantined.

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News Network
February 4,2020

Bengaluru, Feb 4: Congress leader and former minister U T Khader today demanded an “objective” probe by an IAS officer into the sedition case the police have booked against a school in Bidar for a play students staged on the controversial Citizenship (Amendment) Act.

On January 26, the Shaheen Primary and High School was charged by the Bidar New Town police with sedition on January 26. This was based on a complaint by an Akhila Bharatiya Vidyarthi Parishat (ABVP) worker who claimed that the play staged by the students on January 21 “insulted” Prime Minister Narendra Modi.

On January 30, the police arrested Nazbunnisa, the mother of an 11-year-old student and Fareeda Begum, a head-teacher in the school.

“This shows how today in India and in Karnataka, the BJP is looking to suppress the voices of people. Sedition cases have no value anymore,” UT Khader told a news conference.

“When a complaint on sedition is filed, action must be taken after obtaining legal opinion. But today, a written complaint by any BJP worker is enough to brand someone as anti-national. Even schoolchildren aren’t spared,” Khader said.

“An IAS officer should be appointed to objectively probe this. If something is found, then the police can continue the investigation,” Khader said. “But the government should pressurize the police. We’ve seen what happened in Mangaluru,” he said, referring to the police shootout that killed two people during an anti-CAA protest. “I know it’s difficult for officials to resist political pressure, but a line must be drawn. All officials must come together and send the government a message, that they will not be bogged down to pressure that’s against societal interests,” he added.

Khader said he lacked faith in the BJP government. “That’s because the BJP tends to give election tickets to those who plant bombs,” Khader said, citing the example of terror-accused Bhopal MP Pragya Thakur. “Even the Aditya Rao case (Mangaluru airport bomb planter)...we don’t know what’s happening. They just want to hush it up,” Khader charged.

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