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 20,2020

Kalaburagi, Feb 20: All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Waris Pathan on Wednesday said that 15 crore Muslims can dominate 100 crore Hindus.

"The time has now come for us to unite and achieve freedom. Remember we are 15 crore but can dominate over 100 crores," said Pathan while addressing an anti-CAA rally here.

"They tell us that we have kept our women in the front - only the lionesses have come out and you are already sweating. You can understand what would happen if all of us come together," he said.

The CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

Protests have erupted across the country against the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC) and the National Population Register (NPR).

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News Network
January 21,2020

Kochi, Jan 21: Eight tourists from Kerala were found dead in a resort at Daman in Makwanpur district of Nepal, reports said. The dead include a couple and four minor children.

The deceased were identified as Praveen Kumar Nair (39), Saranya (34), Ranjith Kumar T.B (39), Indu Ranjith (34), Sreebhadra (9), Abhinav Soorya (9), Abhi Nair (7) and Vaishnav Ranjith (2).

The deceased are from Chengottukonam in Thiruvananthapuram and Kundamangalam in Kozhikode. Praveen, a travel enthusiast hailing from Chengottukonam, went on the Nepal trip with his wife, three children and friends from Kochi, last week.

 “They were using a gas heater in the room. Suffocation might have caused their death,” said superintendent of police Sushil Singh Rathore of the District Police Office in Makwanpur, news agencies reported.

According to newspaper reports here, the deaths occurred at a resort named Everest Panorama. They were airlifted to HAMS hospital where they were pronounced dead on arrival, superintendent of police Sushil Singh Rathaur said.

They were part of a group of 15 people travelling from Kerala to Pokhara, a popular mountain tourist destination, The Himalayan Times reported.

They were on their way back home and stayed at Everest Panorama resort in Daman in Makawanpur district on Monday night.

The tourists are suspected to have died of asphyxiation after turning on the gas heater and shutting all the windows to keep warm.  Hotel staff opened the room using duplicate keys as there was no response from the rooms when the other members of the group went to check on them.

According to the manager of the resort, the guests stayed in a room and turned on a gas heater to keep themselves warm. Although they had booked a total of four suites, eight of them stayed in a room, the manager said, adding that all the windows and the door of the room were bolted from inside.

“All arrangements have been made to bring the bodies to Kerala at the earliest. The Union government is coordinating with the Indian Embassy in Nepal. A doctor from the Indian embassy will be present during the post mortem. Other members of the group are being brought to Kathmandu by road,” said Union minister V Muraleedharan.

Chief minister Pinarayi Vijayan said that NORKA will coordinate with Nepal authorities to bring dead bodies.

 “Embassy officials are at the government hospital where a post mortem is being done. Formalities will be completed at the earliest and arrangements are in place to bring dead bodies by Wednesday evening. State government is in constant contact with Nepal authorities,” said Kadakampally Surendran, tourism minister.

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Media Release
March 12,2020

Manipal, Mar 12: Team WGSHA is proud to announce that the culinary museum in WGSHA has been listed in Limca Book of Records as India's First Living Culinary Arts Museum.

Limca Book of Records (LBR) is a catalogue of achievements made by Indians, at home and abroad in diverse fields of human endeavour. LBR is a celebration of exemplary exploits and recognizes accomplishments such as firsts, inventions, discoveries, honours, awards and the truly extraordinary.

Chef Thirugnanasambantham, Principal of WGSHA, while thanking MAHE and ITC Leadership for extending all support towards instituting this museum in Manipal and WGSHA, also appreciated and thanked all those who have directly or indirectly helped towards setting up this museum in Manipal.

"The process for WGSHA's culinary museum to make an entry into the popular Limca Book of Records started almost six months back and after validation by LBR recently, has been listed in the book of records. We are glad that we could be the first of its kind in such endeavour and we also hope to be in Guinness World Records soon", said Chef Thiru.

"We are indeed grateful to Michelin-starred Indian celebrity Chef Vikas Khanna, the founder and curator of this museum, who had this idea of establishing a culinary museum and donated thousands of kitchen tools and equipment worth millions of dollars to this museum for preserving the history of India's rich tradition of culinary arts and to educate the future generations. Chef Vikas Khanna, 'Distinguished Alumnus' of WGSHA, being very desirous of making such a museum in India, what better place it would be than in his own Alma Mater!", he said on the background of having the museum.

Chef Thiru mentioned that Udupi, popular for the famous 'Udupi Cuisine', and being a temple town, is adjacent to International University Town of Manipal Academy of Higher Education (MAHE).

MAHE is home to thousands of international students and visitors. With a great heritage of Udupi, combined with the large number of Indian and International students residing in and around Manipal, it was very apt for the college to create a museum for today's Indian youth and the International visitors to understand the rich culinary heritage of India, through the priceless kitchen tools and equipment donated by Chef Vikas Khanna.

"Has placed WGSHA in the global culinary map and we are proud to have joined all such efforts to preserve the history of cuisines and cultures across the world", said Chef Thiru.

The culinary art academic block housing the museum was opened in April 2018, spread approximately over 25,000 sq ft and is shaped in the form of a giant pot very similar to the ones found in Harappa.

There are historical as well as regular household items such as plates made by the Portuguese in India, a 100-year-old ladle used to dole out food at temples and bowls dating to the Harappan era, an old seed sprinkler, an ancient Kashmiri tea brewer known as 'samovar', vessels from the Konkan, Udupi and Chettinad regions, apart from a large collection of rolling pins, utensils of all shapes and sizes, tea strainers of different types etc.

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