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 27,2020

Mangaluru, May 27: The Dakshina Kannada PU College Principals' Association on Wednesday appealed to the authorities to postpone the evaluation of PUC II answer scripts, as the Novel Coronavirus was still active and there was all possibility of the infection spreading.

Speaking to reporters here, Association President Umesh Karkera said, ''It is our duty to evaluate the answer scripts. But amid the fear of COVID-19 and lockdown, evaluators are not able to reach the valuation Centre to take up the work.

''The department of pre-university education has asked the Deputy Chief Examiners and the Assistant Examiners to reach the venue on May 27 and 29, respectively, to take up the evaluation work.

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coastaldigest.com news network
May 23,2020

Udupi, May 23: Issuing a stern warning to people against venturing out unncessarily 7:00 pm on May 23 and 7:00 am on May 25, Udupi deputy commissioner G Jagadeesh said that those who violate the lockdown norms will face punishment. 

“Lockdown should be observed strictly across Udupi district. If anyone is found roaming around, we will not speak, but our batons will”, he said in a press meet here today. 

He suggested the people to buy all necessary things for 36 hours of total lockdown before 7 p.m. today. 

Chief Minister has already clarified that a complete lockdown would be observed in the State on every Sunday. Only the medical shops, newspaper delivery, milk parlours will be permitted to function. Vehicular movement has also been restricted during this period, he said.

If marriages have been scheduled already on Sunday, they will be considered as a special case. However, prior permission is must for scheduled weddings, he said.

Udupi SP N Vishnuvardhan and ZP CEO Preethi Geholot CEO ZP were also present.

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News Network
January 5,2020

Bengaluru, Jan 5: A day after senior Congress leaders in Karnataka met to build consensus for the way ahead, the race for the post of KPCC President hotted up on Sunday with aspirants and their supporters stepping up efforts to secure the coveted posts.

Senior leader D K Shivakumar, seen as a frontrunner for the post, met former Chief Minister Siddaramaiah at his residence amid reports that he was lobbying in favour of one of his confidants.

Meanwhile, another senior party legislator Satish Jarkiholi made it clear he was capable of discharging the responsibility if the high command asked him to do so.

Also, loyalists of senior leader and former Minister Ramalinga Reddy came up with social media posts, pushing forward his name for KPCC President.

Congress Legislature Party leader Siddaramaiah and state Congress chief Dinesh Gundu Rao quit their posts after the party fared poorly, winning only two of the 15 seats in the bypolls while it had held 12 of them.

According to party sources, though Siddaramaiah is likely to retain the position of Leader of Opposition, the CLP leader post may be given to some one else.

The sources also said replacement of KPCC President was most likely as Dinesh Gundu Rao's resignation could be accepted.

Shivakumar is seen as the frontrunner for the KPCC President post and has already held discussions with high command in this regard.

His meeting with Siddaramaiah, who is expected to travel to Delhi soon to hold discussions with the high command, assumes significance amid reports that the former chief minister was favouring one of his confidants for the post.

Shivakumar during the meeting sought Siddaramaiah's cooperation for his appointment to the coveted post, with a promise to work under his leadership, sources said.

However, speaking to reporters after the meeting, Shivakumar said he had worked under Siddaramaiah as legislator and Minister, and there was nothing special about the nearly two-hour-long meeting.

"...Im not a competitor for any post, I won't ask for any post, that time is over. I'm a karyakarta of the party and will work as karyakarta," he said in response to a question, adding he will abide by the party's decision.

On the other hand, Congressleader andYamakanamaradi MLASatish Jarkiholi said he was ready to take up the responsibility if the party high command decides so.

"It has been decided to cooperate and work under the leadership of anyone, whom the party high command decides (as President). Let's see, it is for the high command to decide (who will be KPCC President)," he said.

In response to a question from reporters in Belagavi if he was aspiring for the post, Jarikholi said, "I havent asked, but if given I will manage it efficiently..."

Meanwhile, loyalist of seven-time Congress MLA Ramalinga Reddy, came up with a social media post, demanding KPCC President post for the leader.

"Seven-time @INCKarnataka MLA and former Home Minister Sri @RLR_BTM for #KPCC President. #Congress #Karnataka #RamalingaReddy #BTMLayout #BBMP #Bengaluru," former Mayor of Bengaluru City and a close confidant of Reddy, B N Manjunatha Reddy tweeted.

Last year during the political turmoil faced by the coalition government, Ramalinga Reddy had threatened to resign, unhappy at being sidelined in the party.

He had later decided to stay with the Congress after the high command intervened.

With a virtual vacuum in the state Congress following the resignation of its top leadership after the rout in the recent Assembly bypolls, senior party leaders had met here on Saturday with an aim to build a consensus for the way ahead.

According to sources, the meeting was convened after instructions from the high command to iron out differences and build consensus on taking the party forward and regarding appointments to key posts, before coming to Delhi for discussions.

Senior leader K H Muniyappa and KPCC Working President Eshwar Khandreare seen as the other aspirants for the President post.

Ssenior leaders G Parameshwara along with H K Patil are among those seen as the frontrunners for the CLP leader post vacated by Siddaramaiah.

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