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
June 5,2020

Bengaluru, Jun 5: An FIR has been filed against former journalist and human rights activist Aakar Anil Patel in Bengaluru here over his comments on social media under charges pertaining to provocation with intent to cause riots.

The FIR was registered under Section 117 (abetting commission of an offence by the public or by more than ten persons), 153 (wantonly giving provocation with intent to cause riot), and 505-1-B (intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of the Indian Penal Code (IPC) at the JC Nagar police station.

According to the FIR filed on June 2, Patel had tweeted that protests like the ones in the US over George Floyd's death are needed in India by the marginalised communities.

Patel, former chief of Amnesty International India, had on May 31 posted from his Twitter account, which is not verified.

On May 25, Floyd died in police custody in Minneapolis, Minnesota, following which protests against police brutality and racism erupted in various cities in the United States. The protests were later replaced by incidents of violence across the country.

India also has witnessed several cases of mob lynchings and custodial deaths in recent years. In most cases victims belong to down trodden communities such as Muslims and Dalits.

Responding to the development, Amnesty International India has said that FIR against Patel is another example of how the right to dissent is being "increasingly" criminalised.

"The Bengaluru police must stop abusing its authority and put an end to the intimidation and harassment of Aakar Patel for exercising his constitutionally guaranteed right to freedom of expression. People of this country have the right to agree or disagree with those in power, and to express these opinions in peaceful protests - without fear or unlawful interference," Amnesty International India Executive Director Avinash Kumar said.

He said that peacefully protesting against the government is not a crime and added that not agreeing with the policies of those in power does not make you a traitor.

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News Network
February 12,2020

Tirupati, Feb 12: A middle-aged man committed suicide out of fear that he was infected with the dreaded Coronavirus (COVID-19), which has killed over 1000 in China. The deceased identified as Balakrishna (50) was suffering from hypertension. He killed self, after being discharged from hospital, fearing it would spread to his family.  The incident happened in Chittoor district on Monday but came to light only on Tuesday.

Balakrishna was treated in Tirupati last week and told that he had an infection. After two days in the hospital, he got better and returned to his village in Chittoor district on Sunday. But fearing that he was infected with COVID-19, Balakrishna isolated himself from his family. Before committing suicide, he surfed many videos about Coronavirus and also behaved weirdly with the family members by warning them against coming close to him.

“He remained aloof, saying he was infected with coronavirus and asked his family not to come near him. When they tried to approach him, he got agitated, threw stones at them and then locked himself in a room," district medical and health officer Dr M Penchalaiah said.

He was found hanging from a tree near his mother’s grave on the village outskirts. The tragic incident took place in Seshama Naidu Kandriga in Thottambedu block.

According to reports, he was suffering from cold and fever. He went to Tirupati hospital where doctors gave him medicines for viral infection and advised him to wear mask.  He wrongly thought he had coronavirus. However, doctors told Balakrishna he did not have coronavirus.

His son Balamurali said that his father panicked and started saying he needed to kill himself to keep other safe from him and coronavirus. “He began to pelt stones and things at us to keep us away from him,” Balamurali said.

“My father was all worried that the virus would spread to us. He hanged himself to save us,” Murali said.

Thottambedu police sub-inspector Venkata Subbaiah said no case was registered as the family refused to lodge a complaint. Till now, no Coronavirus case has been reported in Andhra Pradesh and Telangana.

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News Network
February 11,2020

Udupi, Feb 11: In a tragic incident, a 62-year-old man from Chennai died of drowning in Sri Krishna Mutt’s Madhwa Sarovar (pond) during the wee hours of Tuesday.

Police said the deceased has been identified as Capt G Sridharan.

It is suspected that Sridharan accidentally fell into the holy pond while taking a bath. The incident is said to have occurred around 4 a.m.

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