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 25,2020

Bengaluru, Jun 25: Karnataka Chief Minister BS Yediyurappa on Thursday asked people to cooperate by following the measures put in place for the control of COVID-19 if they don't want another lockdown or sealing in Bengaluru.

Amid talks about re-imposing lockdown in the city following the recent spike in cases, the Chief Minister said he will hold discussions on Thursday and Friday regarding the strict measures that need to be taken to control the virus.

"COVID pandemic is increasing, we are making all efforts and we have even sealed some areas. Today afternoon at Krishna (the CM's home office) I have called a meeting with Ministers and officials and will discuss the strict measures to be taken to control COVID," Mr Yediyurappa said.

Speaking to reporters, he said, "Tomorrow noon I have called a meeting of legislators of all political parties from Bengaluru and all Ministers from the city to discuss with them, seek their opinion and take stringent measures."

Citing an increase in cases, Health Minister B Sriramulu on Tuesday had said the government may have to think about imposing lockdown in the city if the situation continues.

Following this several Ministers in the state cabinet on Wednesday had said, any decision on re-imposing lockdown in the city will be taken only after consulting experts.

Some reports had even suggested that a decision on lockdown is likely at the cabinet meeting scheduled today.

The Chief Minister said there is no lockdown in the entire city, adding only in a few areas it has been imposed and would continue.

Concerned over the increase in COVID-19 cases in the city, Mr Yediyurappa on Monday had directed officials to implement lockdown measures strictly in certain clusters which have reported greater number of coronavirus infections.

The city's busy K R Market and Kalasipalya Market have been sealed for 15 days by the civic body Bruhat Bengaluru Mahanagara Palike (BBMP) as part of measures to check the spread of the deadly virus.

Stating that Bengaluru is a model for the whole country in COVID-19 management, Mr Yediyurappa on Thursday said, when you compare with other major cities, "we have not yet lost control."

A total of 1,678 cases of COVID-19 have been reported in the city till last evening.

This includes 78 deaths and 475 discharges.

The number of COVID-19 cases in the state which stood at 3,408 as of June 1 has crossed the 10,000 mark on Wednesday with the state capital topping the districts in the infection count.

Seeking public cooperation in controlling the spread of the virus, Yediyurappa said social distancing and other measures in place were not followed, there has been spread to slums and other places.

"If you don't want Bengaluru to be sealed once again please cooperate and maintain distance," he added.

Mr Yediyurappa also said, the government has taken all measures for the safe conduct of SSLC (class 10) exams from today, and students should come out and write exams for their bright future.

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coastaldigest.com news network
June 11,2020

Mangaluru, June 11: The Saudi Arabia based Expertise Contracting Company, which is repatriating its employees to India and other countries, today allocated around 90 seats of one of its chartered flights to Kannadigas stranded in Saudi Arabia. 

The Gulf Air flight took off with around 175 passengers on board from Dammam International Airport around noon local time. It is expected to land at Mangaluru International Airport at around 7 p.m. Indian time. 

In fact the company had chartered the flights only to repatriate its employees. However, due to the lack of special flights under Vande Bharati Mission, the company decided to help the other stranded Kannadigas in Saudi Arabia, who had approached Saudi Kannadigas Humanity Forum for help. 

A company official said that around 2,000 employees from various countries in the Indian subcontinent are being repatriated, of which 1,665 are Indians.  Already hundreds of them have reached India, and hundreds are still waiting for repatriation. 

“We are grateful to Expertise for allowing to travel in the flight which the company had chartered to repatriate its own employees,” said one of the passengers before boarding the flight at the airport.  

Director of Expertise, KS Shaikh said the 20-year-old Expertise group, one of the largest conglomerates in the GCC operating in petrochemical and heavy equipment sectors, has more than 10,000 employees and their family members in the Gulf, mainly in Jubail, one of the largest industrial cities.

Of these, the company has chosen over 2,000 employees for the covid-related repatriations considering various emergencies. He said 12 chartered flights have been engaged to carry out the repatriation exercise to the Indian subcontinent.

Comments

Mohammed Arbaz alam
 - 
Saturday, 13 Jun 2020

DUBAi se delhi normal flights kab chalu ho ga ham log bhaut parsan hai 

3 months ho geya room nahi Pia's a nahi dawa ke liya paisa nahi hai khane 

Ke liya nahi hai

Nagendra Dm
 - 
Saturday, 13 Jun 2020

Dear sir am working in saudi Arabia before two months now no job please bring me back 

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News Network
July 22,2020

Udupi, Jul 22: Deputy Commissioner G Jagadeesh on Wednesday announced lifting of ban on movement of people and vehicles with immediate effect in the borders of Kerala which was banned during lockdown.

The announcement comes hours after Karnataka Chief Minister B S Yediyurappa announced that lockdown in Bengaluru and other parts of the state will not be extended any further, suggesting people should wear masks and maintain physical distancing strictly.

Mr Jagadeesh noted that although the seal down of the borders of the district would be lifted, checkposts on the border would be set up and urged people to enter the district only in case of emergency.

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