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
February 7,2020

Bengaluru, Feb 7: The Bruhat Bengaluru Mahanagara Palike (BBMP) ordered the destruction of a tilted building in the city after evacuating about 150 people from 35 families in the vicinity, an official said on Thursday.

"The top portion of the building has been destroyed 70 per cent today (Thursday). Later, the destruction contractor will allow machines to be used," Bruhat Bengaluru Mahanagara Palike (BBMP) Yelahanka joint commissioner Ashok said.

Located on Vinayaknagar Street in Hebbal's Kempapura, the five-storey building being used as a hostel for boys got tilted on Wednesday morning, spreading panic in the neighbourhood.

Though the tilted building owned by one Rahul, a jeweller, was a sound structure, Ashok said a neighbour, Babu, hired a JCB excavator to dig deep beside the affected structure to build his own structure.

"Babu not only dug very deep but also damaged the foundation pillar of the tilted building, weakening the structure and leading to its slant," said Ashok.

Babu has been booked and arrested even as the police are on the look-out for the JCB owner and operator.

The titled building erected five floors unauthorisedly and falls into the B Khata category. It was constructed without the civic body's plan, said Ashok. 

A Khata and B Khata denote the two types of khatas that exist under BBMP. Khata is a document which shows a property owner having an account with the municipality to pay taxes. An A Khata denotes that the building owner has paid relevant property taxes and that the building conforms to building bylaws and government rules. A B Khata denotes that the building is in violation of government regulations regarding properties in Bengaluru, even when the civic charges for the property have been cleared by the owner.

"As per procedure, we issue notice, but such constructions are rampant in the city. Under the BBMP jurisdiction, there are 15 lakh B Khata structures," said Ashok.

For all B Khata sites, the civic body does not give any plan and there is no proper control on them, he said.

Ashok said the case to regularise the B Khata buildings to A Khata buildings is currently pending in the Supreme Court.

Luckily, no injury or loss of life has been reported from the tilted building.

The civic body arranged alternative accommodation for the affected families, but most of them chose to stay with their relatives, said Ashok.

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News Network
July 22,2020

Bengaluru,  Jul 22: Karnataka Congress president DK Shivakumar on Tuesday said that the state government should give details of the amount it spent on migrants and labourers during the coronavirus crisis if it is transparent.

"The image of Karnataka has come to a very rotten position. We all know that Karnataka has failed in sorting out the problem. Let them (the state government) tell what has been the amount spent on the labour, migrants, food kits on the health department. We want an account (of the expenditure) if they are so transparent," Shivakumar said.

He said that the state government should have approached the hospitals for treating COVID-19 patients and if any hospital refused, a message should have been given that the government would take it over.

He also accused the state government of corruption.

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News Network
May 12,2020

New Delhi, May 12: Minorities are "flourishing" in India and have been an equal partner in development without discrimination under the Modi government, Union Minister Mukhtar Abbas Naqvi said on Tuesday, dismissing allegations of Islamophobia as an attempt to defame the country.

The "Narendra Modi phobia club” has been unable to digest the inclusive growth under the prime minister and is engaged in a "nefarious campaign" in India and abroad through fake propaganda alleging "intolerance, communalism and discrimination" against minorities in India, Naqvi said.

In a blog titled "Islamophobia -- Bogey of Bogus Bashing Brigade", the minority affairs minister argued that the "Modi phobia club" is playing the “Islamophobia card" to harm the pluralistic fabric of India, but will not succeed.

Naqvi's remarks come days after a wave of angry reactions on Twitter by citizens and rights activists from various Arab countries following allegations that Muslims are being blamed for spreading COVID-19 in parts of India.

Also, the 57-member prominent international Mulim grouping, the Organisation of Islamic Cooperation, recently accused India of "Islamophobia".

India has dismissed all such allegations.

"Minorities in India are flourishing equally with all the citizens with a sense of equality, security and prosperity. Misinformation against such a gracious and tolerant country and its effective leadership is nothing but the height of ignorance and mental bankruptcy," Naqvi said.

He claimed that no riot took place in last 5 years of the Modi government and it was after "nefarious preaching" by those who were irked by this that the Delhi riots happened.

Naqvi said the women who sat on protests at Shaheen Bagh cannot be termed "anti-nationals" but they had been "misguided by the bogus bashing brigade”.

This brigade pushed these women on a path which had an “entry gate” but no “exit gate”, the minister said.

This was a “calculated conspiracy” by the brigade that wants to defame and disgrace Modi and India, Naqvi said.

He also argued that for the "first time since Independence", India has forged close and strong ties with nearly all Islamic nations and countries such as Saudi Arabia, the UAE, Afghanistan, Russia, Palestine, Mauritius and the Maldives have conferred Modi with their highest civilian awards.

"The United Nations has also conferred Narendra Modi with the prestigious 'Champions of the Earth Award'. Prime Minister Narendra Modi's global acceptance and popularity doesn't need any certificate," Naqvi said.

The Modi government never planned development on the basis of Hindus, Muslims, Sikhs, Christians or on region and caste, and its priority has been the poor and deprived, Naqvi said, adding that still some people with a “prejudiced mindset” are trying to defame India by raising the bogey of Islamophobia.

There is not a single incident of discrimination against any section of the society, including minorities under the Modi government, the minister asserted.

All sections, including minorities, are strongly moving forward on the path of “development with dignity” under the Modi government, he said.

When the challenges due to the coronavirus were in initial stages across the world in early January and several countries, including Pakistan, had not taken care of their people abroad, it was the Modi government that brought back thousands of Indians stranded in Wuhan (China), Iran, Iraq, Saudi Arabia and other countries, Naqvi said, adding that a majority of these people were Muslims.

In the recent Vande Bharat Mission also, the Indian government is bringing back thousands of Indians from countries such as the Maldives, the UAE, Saudi Arabia, Iran, Qatar and other countries which include a large number of Muslims, he pointed out.

"Strong eternal commitment of my country will defeat and demolish the fake and fabricated Islamophobia card of the 'India bashing brigade'," Naqvi said in his blog.

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