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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coastaldigest.com news network
May 21,2020

Mangaluru, May 21: The third repatriation flight from Dubai to Mangaluru will operate on Saturday, May 23, confirmed union minister D V Sadananda Gowda. This will operate via Bengaluru.

The first and second direct repatriation flights from Dubai had landed at Mangaluru International Airport on May 12 and May 18. There were more than 175 passengers on board each of these flights.

On May 23, Air India flight (IX 0384) will take off at Dubai at 4:30 p.m. and land at Bengaluru at 9:50 p.m. It will again take off at 10:50 p.m. and land at Mangaluru at 11:45 p.m.

However, ministry of civil aviation sources said that no final decision has been taken about carrying passengers by these flights to Mangaluru.

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News Network
March 6,2020

Bengaluru, Mar 6: The Karnataka Congress on Thursday termed the budget for fiscal 2020-21 presented by the B.S. Yediyurappa government as the "weakest ever state budget".

"This is the weakest budget ever that our state has had. There is no clear cut provision in the budget for industrial growth or to generate jobs. No clarity on department wise allocation," tweeted Congress.

Congress leader Dinesh Gundu Rao said he did not expect such a bad budget which has discriminated on agriculture and education sectors.

"The state budget does not mention major irrigation projects like Kaveri valley and Krishna. No farmers loan waiver," noted Rao.

The opposition party has criticised the ruling Bharatiya Janata Party (BJP) that the potential of Karnataka was not realized to generate revenue through this budget.

Assailing the additional tax on petrol and diesel, Congress said the development will lead to price rise and is a huge disappointment.

"People are reeling under high inflation and reduction in income. BJP has rubbed salt into injury by further increasing prices and providing no relief to common man," said the party.

Bhalki MLA and Karnataka Pradesh Congress Committee working president Eshwar Bhimanna Khandre pointed out that the Centre gave the state only Rs 1,869 crore, despite a loss of Rs 35,160 crore in 2019.

Calling stamp duty reduction for housing within Rs 20 lakhs as an insult to people, Congress questioned the Chief Minister and BJP to first show where in Bengaluru does one get housing within Rs 20 lakh.

"This is mockery of people. No mention or allotment to universal housing programme that Congress government had delivered," claimed Congress.

Focusing on Karnataka capital Bengaluru, Congress slammed the BJP saying no proper revenue policy has been mooted.

"Last mile connectivity issue not addressed. Drinking water issue is not mentioned. No mention of peripheral ring road. No mention of Akrama-Sakrama and no thought process has gone in while planning Bengaluru," tweeted the party.

The party said Yediyurappa has admitted that there is a financial crisis in his budget speech.

"He admits Rs 8,883 crore aid has been cut, around Rs 11,000 crore state share from Centre has been cut. No additional allocation for flood relief. What is stopping him and 25 members of Parliament to question the centre," observed Congress.

Former chief minister Siddaramaiah mocked Yediyurappa that though he calls himself a farmer''s son, he delivered an anti-farmer budget.

"No one will benefit from this budget. A complete failure to boost the economy, to realize inclusive development and to improve standard of living," he tweeted.

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coastaldigest.com news network
July 15,2020

Mangaluru, Jul 15: Amidst mounting coronavirus cases, the district administration has finalised 80 covid care centres (CCC) in Dakshina Kannada.

Sindhu B Rupesh, deputy commissioner of DK, said that as many as 80 premises that were functioning as quarantine centres have now been identified as CCCs in the district.

People in the district have been demanding that CCCs should be opened for asymptomatic cases in the district too. 

A majority of around 1,500 active cases in Dakshina Kannada are asymptomatic, and the CCCs will help those planning to go to private hospitals to reduce their treatment costs.

Additional deputy commissioner M J Roopa said that the 80 CCCs identified throughout the district will work as care centres for asymptomatic Covid-19 patients.

A medical team will attend to the centres, and supply of food and water will be taken care of by the government. In case of any health issues, the patient will be shifted to the Covid hospital, she said.

“All asymptotic Covid-19 patients, who are unable to opt for home isolation, are being kept in CCCs. A designated health team will monitor each CCC in the district. Meanwhile, the nearest public health centre (PHC) will have an ambulance on standby in case of an emergency,” she added.

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