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 17,2020

Udupi, May 17: A total of 1,460 migrant labourers left for Uttar Pradesh from Indrali Railway Station in Udupi in Shramik Special train on Sunday.

This is the first train to ferry migrant labourers from Udupi. As many as 236 from Karkala, 323 from Kundapura, 901 labourers from Brahmavar, Kaup and Udupi left for their native villages.

More than 2,000 labourers had gathered at the railway station and only 1,460 labourers received tickets to travel.

Those who did not receive tickets were disappointed and got into heated arguments with the officials.

The labourers were promised that they will receive tickets to another train, that would depart from Udupi before May 20. One bogie of the train was reserved for pregnant women, women and children.

As many as 1,712 from Jharkhand, 770 from Odisha, 977 from West Bengal, 1,600 from Bihar, 379 from Madhya Pradesh, 280 from Chattisgarh, 110 from Uttarkhand, 379 from Rajasthan had registered on Seva Sindhu portal.

Additional Deputy Commissioner B Sadashiva Prabhu said that there are plans to make arrangements to send migrant labourers from UP, Uttaranchal, Madhya Pradesh and Jharkhand.

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News Network
March 18,2020

Bengaluru, Mar 18: Karnataka Chief Minister B S Yeddyurappa on Wednesday said that the lockdown in the state will continue till March 31st. However restaurants and hotels will remain open.

Speaking to reporters here, Yediyurappa had said, "...we need to take more stringent measures, when the US President has recommended avoiding gatherings ofmore than 10 people in his country. We will discuss in the cabinet and take all necessary measures."

Two more coronavirus cases have been registered in Bengaluru on Wednesday, 18 March, taking the total infected cases to 13, ANI reported quoting state Health Minister B Sriramulu.

Meanwhile, Dental clinics in Bengaluru have shut shop after order from Indian Dental Association and Karnataka State Denta Council. The doctors have been advised to treat the patients only if there is an emergency.

In Udupit distrcit, Section 144(3) have been imposed across the district by DC G Jagadish.

No religious events allowed, devotees should not enter temples, churches or Masjid's in groups. Tourist locations closed. Students in PGs and Hostels asked to return home.

While, schools and colleges remained shut, IT professionals and other professionals working in air- conditioned places were advised to work from home. Till Tuesday evening, 13 COVID-19 positive cases have been reported in Karnataka, including one death.

The State government had on March 13 leapt into action announcing lock-down of malls, cinema theatres, pubs and night clubs for a week.

Instructions were also given to stop all kinds of exhibitions, summer camps, conferences, fairs, marriages, sports and engagement events and birthday parties state-wide for a week from Saturday.

While, schools and colleges remained shut, IT professionals and other professionals working in air- conditioned places were advised to work from home. Till Tuesday evening, 11 COVID-19 positive cases have been reported in Karnataka, including one death.

The Ministry of External Affairs confirmed that there are 276 coronavirus infected Indians abroad - 255 in Iran, 12 in UAE, five in Italy, one each in Sri Lanka, Hong Kong SAR, Kuwait, and Rwanda.

Earlier in the day, the total number of confirmed COVID-19 cases in India neared 150, according to the Health Ministry data.

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News Network
June 20,2020

Bengaluru, Jun 20: Nine candidates filed their nominations for the June 29 elections to seven seats of the Karnataka legislative council on Thursday.

While the BJP has fielded four candidates, the Congress has given tickets to two and the JD(S) to one candidate respectively for the biennial elections to seven seats of the legislative council to be elected by the MLAs.

One independent and one person claiming to be affiliated to BJP have also filed their nomination papers at the office of Legislative Assembly Secretary MK Vishalakshi, who is also the returning officer for the polls.

"The nominations of two candidates without any proposers is likely to be rejected during scrutiny of the papers on Friday. So seven candidates will be in the fray for as many berths. Hence the election is likely to be unopposed if no one withdraws nominations," official sources said.

While scrutiny will take place, Friday, June 22 is the last date for withdrawal of candidature.

The election is necessitated as the term of seven MLCs — Naseer Ahmed, Jayamma, M C Venugopal, N S Bose Raju, H M Revanna (all Congress), T A Sharavana (JD(S)) and independent D U Mallikarjuna — will end June 30.

Based on their strength in the Assembly, while BJP is in a position to win four out of seven seats, Congress can win two and JD(S) one.

Twenty-eight valid votes of MLAs are required for each candidate to win.

Four BJP candidates MTB Nagaraj, R Shankar, Sunil Vallyapure and Pratap Simha Nayak filed their nominations today, after the party high command announced their names late on Wednesday.

Nagaraj and Shankar had played a key role in the formation of the BJP government after the coup that led to the collapse of Congress-JD(S) coalition.They had subsequently defected to the saffron party.

While Nagaraj lost the bye-elections held later, Shankar did not contest in exchange for a Council berth promise.

Among the other BJP candidates, Vallyapure is a former MLA from Chincholi and had given up his seat abiding by the party decision to field Avinash Jadhav, while Nayak is a senior party worker and had served as Dakshina Kannada district president.

A BJP insider said Shankar and Vallyapure have been given MLC tickets as they had given up their Assembly seats, while Nagraj was considered as he had faced a defeat during the bypolls because party MP B N Bachhe Gowda's son Sharath contested as a rebel.

Nayak's candidature is being seen as BJP high command's choice by party insiders, ignoring the state units recommendation of AH Vishwanath, a former JD(S) MLA who had defected to BJP.

Two Congress candidates, senior party leader BK Hariprasad and incumbent Naseer Ahmed also filed their nominations today.

Hariprasad's name was announced by the party on Wednesday, even as his tenure in Rajya Sabha is to end on June 25.

Naseer Ahmed, who is retiring as MLC on June 30 is seeking another term.

The choice of candidates by the Congress high command is being seen as a mixed bag for CLP leader Siddaramaiah as Naseer Ahmed is said to be close to him, while Hariprasad is considered among his adversaries.

In a surprise move, JD(S) has fielded Govinda Raju from Kolar as the party candidate for the MLC polls.

Incumbent MLC T A Sharavana and outgoing Rajya Sabha member Kupendra Reddy were seen as the prime aspirants for the ticket.

JD(S) leader and former Chief Minister H D Kumaraswamy said Govinda Raju was chosen as it would help organise and strengthen the party in Kolar and Chikkaballapura region.

The independent candidate who has filed his papers today is P C Krishnegowda, and the one who filed his nomination claiming to be associated with BJP is Mandikkal Nagaraja.

Comments

Francies
 - 
Sunday, 21 Jun 2020

BJP has selected the candidates based on their wealth only and not on their education.    Wealth is the primary preference for bjp and these people come to politics only to skip from tax and accumulate unaccountable money and save black money.    they never come to politics with an intention to serve public.   We cant find 1 percent of politicians who is sincere and cares for public.    All of them are selfish and look their pocket only.   This is general in all the political parties.   

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