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
May 8,2020

New Delhi, May 8: After deadly styrene gas leak in Visakhapatnam, Union Chemicals and Fertilisers Minister D V Sadananda Gowda urged all public and private chemical makers to exercise caution and care while reopening their plants.

Union Environment Ministry and State Pollution Control Boards have also issued separate directives to all companies to take extreme precaution while restarting their units that remained suspended due to the lockdown imposed to contain the spread of COVID-19 in the country, he said.

There was a gas leak from LG Polymers plant at Visakhapatnam in the early hours on Thursday, causing 10 deaths and hundreds of people getting hospitalised.

"LG Polymers does not come under direct control of our ministry. However, we have asked all public and private chemicals manufacturers to exercise caution and care while reopening their plants," Gowda told PTI.

The minister said his officers are coordinating with the Andhra Pradesh government.

He further said LG Polymers, a multinational chemical company, had kept its unit ready for reopening after one and half month of lockdown. The unit started leaking at around 3.40 am on Thursday due to pressure.

"The toxic gas leak has affected both people and animals. Around 850 people have been hospitalised," Gowda said, adding that measures have been taken to control the situation at the plant site and final updates are awaited.

At present, Indian chemicals market size is about USD 163 billion, which is only three per cent of the global chemical industry of USD 5 trillion, as per the official data.

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News Network
June 9,2020

Udupi, Jun 9: A Mesolithic site has been discovered at Iduru-Kunjadi in Kundapura taluk of Udupi district of Karnataka by Prof T Murugeshi, Associate Professor of Ancient History and Archaeology at MSRS College, Shirva.

Prof Murugeshi said on Tuesday that the site is near a rock art site of the Mesolithic period that was unearthed. It is located in the Mookambika Wildlife Reserve Forest. At Iduru-Kunjadi, the finds of Mesolithic tools are characterised by blades, scrapers, burine, fluted cores, arrow-heads and flakes of the non-geometric pattern.

He said that though the site was found two years back, it took time to study and identify them. They resembled the tools found in a stratified context at Uppinangady on the Netravati basin, he added.

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News Network
May 1,2020

May 1: India on Thursday called as "propaganda" certain social media posts from the Arab world alleging harassment of Muslims in several parts of the country in the name of containing the spread of coronavirus.

Strongly rebutting the charges, External Affairs Ministry Spokesperson Anurag Srivastava said the Gulf countries are deeply committed to friendly relations with India and they are even seeking bilateral talks on the post-COVID-19 economic recovery.

Talking about India's close and traditional ties with the Arab countries, he said New Delhi is ensuring uninterrupted supply of food and essential commodities to the region during Ramzan as part of its deep-rooted friendship.

Srivastava said the countries in the region do not support any interference in India's internal affairs.

"Much of what you see is propaganda by interested parties. Stray tweets can not be used to characterise our bilateral ties with these countries. The real picture of these relations is very much different," he said during an online media briefing.

There has been a wave of angry reactions on Twitter by leading citizens and rights activists from various Arab countries following allegations that Muslims are being blamed for spreading COVID-19 in several parts of India.

The Organisation of Islamic Cooperation, a powerful bloc of 57 countries, recently accused India of "Islamophobia". India rejected the charges as regrettable.

"We have been making special efforts to ensure uninterrupted supply of food and essential commodities which are required during the Ramzan period in these countries, and this is something which has been greatly appreciated. These countries also want a priority discussion with India on the post-COVID-19 economic recovery," Srivastava said.

Prime Minister Narendra Modi and External Affairs Minister S Jaishankar have been in regular touch with their counterparts from the region in the wake of the coronavirus pandemic.

"In these discussions, there have been requests for sending medicines and medical teams to these countries. We already deployed a Rapid Response Team in Kuwait. There is also a request to send doctors and nurses from India," said Srivastava.

"What comes out clearly is that these countries are deeply committed to friendly relations with India. They also do not support any interference in internal matters of India. It is, therefore, important that the friendly and cooperative nature of our relations is accurately recognised and the misuse of social media is not given credence," he added.

Asked about reports of an order issued by Oman's Finance Ministry asking all state-owned companies to replace foreign workers with qualified local Omanis, Srivastava said it is not aimed at Indians working in the Gulf nation.

"The policy is a decades-old one and not specific to India. It does not target the Indians in any way," he said.

There have been apprehensions that the order will render thousands of Indians working in state-run firms in Oman jobless.

"They greatly value relationship with India. Government of Oman is taking special care of Indians which included free testing for coronavirus, its treatment, providing food," the MEA spokesperson said.

Oman government is also extending certain categories of visas of Indians.

Srivastava said India has been in touch with its friends and partners across the world as part of the collaborative approach to dealing with the pandemic.

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