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 27,2020

Belgaum, Mar 26: The police on Thursday thrashed people who had gone to offer prayers at a mosque despite the nationwide lockdown in force.
In a video, the police personnel can be seen thrashing the people with batons while they were leaving after offering prayers at a local mosque here.
In another incident in Rajasthan's Pratapgarh, the police made few youngsters hop along a road and even gave the 'murga,' punishment to a few of them for violating the restrictions.
Similarly in Uttar Pradesh's Budaun, the police made people hop along a road with their bags strapped on their backs as a punishment. The people were possibly going to their native places.
In the video of the Budaun incident, a few men can be seen being made to hop along the road with a stick-wielding policeman keeping a watch.
SSP Budaun told ANI that an investigation is being conducted into the incident and expressed an apology for the police's behaviour.
Prime Minister Narendra Modi had announced a 21-day countrywide lockdown to check the spread of coronavirus, saying that "social distancing" is the only option to deal with the highly contagious disease.

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News Network
January 2,2020

Tumakuru, Jan 2: Prime Minister Narendra Modi on Thursday paid respects to the 'Gadduge' (final resting place) of Shivakumara Swamiji at Siddaganga Math, a prominent Lingayat seminary here, and said the Swamiji's work would continue to inspire everyone.

The Swamiji, who was known as the 'Walking God' among his countless followers, had passed away last year at the age of 111. The Prime Minister, who arrived at the Yelahanka Airbase in Bengaluru, went directly to Tumakuru, where the Math is located, by a chopper along with Chief Minister B S Yediyurappa, Union Minister Pralhad Joshi and former Chief Minister D V Sadananda Gowda among others. Modi, after offering respects to the 'Gadduge', planted Bilva plant (Aegle marmelos) on the premises of the Math and also laid the foundation for the construction of a museum dedicated to Swamiji here before addressing the gathering, largely comprising students. Speaking on the occasion, Modi said he was feeling blessed to begin 2020 from the sacred land of Siddaganga, but at the same time was feeling the "vacuum" in the absence of Shivakumara Swamiji. "It is rare see the number of people swamiji had inspired during his life time. I'm really fortunate to lay the foundation for the museum in swamiji's memory. Through this museum, his works will continue to inspire generations," he said. Also, Prime Minister remembered Vishwesha Theertha of Udupi's Pejawar Math who passed away recently. Yediyurappa and the present pontiff of the Math Siddalinga Swamiji were among the others present. Known as "trivida dasohi" for his triple sacraments - food, shelter and education - among his followers, Shivakumara swamiji was considered as the incarnation of Basavanna, the 12th-century social reformer, as he accepted all irrespective of their religion or caste. There has been a growing clamour from people of different walks of life, including politicians, for conferring "Bharat Ratna" on the late Swamiji.

After the Swamiji's demise, the then Chief Minister H D Kumaraswamy had written to Modi urging him to confer the country's highest civilian order on the late seer.

Opposition Congress on Thursday questioned the Prime Minister about not conferring the"Bharat Ratna" on Shivakumara Swamiji.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state assembly in a tweet also sought to know why the seer was not conferred with the Bharat Ratna yet, while pointing out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The present seer of the seminary Siddalinga Swamiji presented Modi a silver statue of Shivakumara Swamiji as a memento.

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News Network
March 19,2020

Kodagu, Mar 19: One more person has tested positive for coronavirus in Kodagu on Thursday, taking the tally of confirmed cases in the state to 15.

The man has a travel history to Saudi Arabia.

"One person has tested positive for #COVID19 in Kodagu today; he has travel history to Saudi Arabia. He is being treated in an isolation hospital. Total number of positive cases reaches 15 in the state," said B Sriramulu, Karnataka Health Minister.

A total of 169 positive cases of coronavirus have been reported in India so far, the Union Ministry of Health and Family Welfare said on Thursday.

Globally, the virus has infected more than 184,000 people and killed more than 7500, as per the data available on the World Health Organisation website.

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