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
April 2,2020

Bidar, Apr 2: Karnataka Health Minister B Sriramulu on Thursday confirmed that 11 people out of 27 in Bidar, who had participated in Tablighi Jamaat at Delhi's Nizamuddin Markat have been tested positive for COVID-19.

Speaking to news agency, Karnataka Health Minister said, "We are monitoring 362 people who had attended Nizamuddin Markaz in Delhi. Out of 27 people from Bidar who had attended, 11 have tested positive for COVID-19, while results of 16 others are awaited. Total positive cases in the state are 121."
Meanwhile, Tablighi Jamaat's Maulana Saad has stated that he will fully support the government in its fight against the coronavirus.

This comes soon after an FIR was registered against him in connection with the religious gathering organised in Markaz Nizamuddin area of the national capital.

A huge religious gathering was held at the Markaz building in Nizamuddin between March 13-15, the event came into the spotlight after multiple coronavirus cases were confirmed amongst those who attended the event held in mid-March.

An FIR has been registered against Tablighi Jamaat head Maulana Saad and others under the Epidemic Disease Act 1897 in Delhi.
A total of 2,361 people were brought out from the Markaz in a joint operation by authorities which lasted for over 36 hours, following which the South Delhi Municipal Corporation had carried out a sanitisation of the premises and nearby area.

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News Network
March 5,2020

Bengaluru, Mar 5: Karnataka chief minister BS Yediyurappa on Wednesday admitted in the legislative assembly that corruption was deep-rooted in government offices and held transfer racket as the root cause of the graft menace.

“Unless we root it out from the system, we can never uphold the spirit of the Constitution and ensure equitable justice to people. If legislators lend support (to this cause), then we can weed out this menace,” Yediyurappa said during a special discussion on the Constitution.

Successive governments have been accused by opposition parties of running a transfer racket, but there’s very little done to institute a probe or order a crackdown following the allegations.

The chief minister’s candid admission came after senior Congress MLA HK Patil, quoting a report from Amnesty International, said 63% of people in Karnataka give bribe to get their work done in government offices. The CM said he agreed with the report in toto.

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News Network
February 5,2020

Bengaluru, Feb 5: Karnataka Home Minister Basavaraj Bommai on Tuesday said that he has demanded a report on the Shaheen School incident after reports emerged that children were allegedly interrogated by the police for hours at a stretch, while not allowing parents to be present.

Terming the incident a very sensitive matter as it involves children, Basavaraj Bommai said, "I have asked for a report on the Shaheen School incident. As it is a very sensitive and serious issue, I have asked the police to handle it carefully."

"I have asked the police to take the help of the women and child protection committee at the district level. However, I have been told that the police had visited the area where the play was done and no interrogation of children in isolation took place. Nevertheless, I have asked the police to handle the issue with care and do everything within the law," Basavaraj added.

The matter pertains to a programme organised as a part of the Republic day celebrations where the children in Shaheen School in Bidar had staged a play against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

The Akhil Bharatiya Vidyarthi Parishad (ABVP) had protested alleging that the play at Shaheen School in Bidar was derogatory. In the play, the participants were shown staging an anti-CAA sequence where there were dialogues encouraging non-cooperation with anyone asking for documents. A case was registered against the school management.

Meanwhile, CEO of Shaheen Education Institute, Bidar, Tauseef Madikeri had said, "Police have invoked Sections 124A, 505 and 504 of the IPC against the institution, over a play staged against CAA and NRC. It is beyond anyone's imagination. Deputy SP visited the classroom and interrogated the students."

Karnataka police had sealed the offices of the school after its students participated in the play. Meanwhile, the police had questioned students of Shaheen School after a play against the CAA and NRC was staged during the Republic Day celebrations.

The child rights groups, teachers and educationists had issued a statement condemning the police interrogation in the incident.

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