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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Agencies
January 12,2020

New Delhi, Jan 12: In a shocking revelation, one unemployed person committed suicide every hour during 2018 when a total of 1,34,516 suicides, including 92,114 male and 42,391 female, were reported in the country, NCRB's "Suicide in India 2018" says.

The latest data, issued by the National Crime Records Bureau (NCRB), which comes under Ministry of Home Affairs, last week reveals that a total of 12,936 unemployed persons committed suicide in 2018, which accounted for 9.6 per cent of the total suicides, and were of aged below 18 years to above 60 years.

Those below 18 years include 31 males and nine females while those between 18 and 30 years comprise 1,240 male and 180 female. A total of 868 male and 95 female were aged between 30 and 45 years. A number of 237 males and 21 females were aged between 45 and 60 years while 2,431 males and 310 females were above 60 years.

Of the total suicides by unemployed persons, males are 10,687 while the females are 2,249.

The highest number of suicides - 12.3 per cent - committed by unemployed persons were in Kerala (1,585 out of 12,936 suicides), 12.2 per cent in Tamil Nadu (1,579), 9.7 per cent in Maharashtra (1,260 suicides), 8.5 per cent in Karnataka (1,094 suicides) and 7 per cent in Uttar Pradesh (902 suicides).

"Each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting the lives of families, friends and communities. Every year, more than 1 lakh people commit suicide in our country. There are various causes of suicides like professional/career problems, sense of isolation, abuse, violence, family problems, mental disorders, addiction to alcohol, financial loss, chronic pain etc," says the NCRB adding it collects data on suicides from police recorded suicide cases.

As per the NCRB, rate of suicides has been calculated using projected population for the non-census years whereas for 2011, the population of the Population Census 2011 was used.

The NCRB data says that a total of 1,34,516 suicides were reported in the country during 2018 showing an increase of 3.6 per cent in comparison to 2017 and the rate of suicides has increased by 0.3 during 2018 over 2017.

Government servants accounted for 1.3 per cent (1,707 out of 1,34,516) of the total suicide victims as compared to 6.1 per cent (8,246 out of 1,34,516) of total victims from Private Sector Enterprises.

Employees from Public Sector Undertakings formed 1.5 per cent (2,022 out of 1,34,516) of the total suicide victims, whereas students and unemployed victims accounted for 7.6 per (10,159 victims) of total suicides. Self-employed category accounted for 9.8 per cent of total suicide victims (13,149 out of 1,34,516).

A total of 10,349 persons involved in farming sector (consisting of 5,763 farmers and cultivators and 4,586 agricultural labourers) have committed suicide during 2018, accounting for 7.7 per cent of total suicides victims (1,34,516) in the country.

A total of 11 transgenders have committed suicide in which three were daily wage earners, one each were 'professionals and salaried persons' and 'unemployed persons' while six falls under 'Other Persons'.

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News Network
June 2,2020

Mangaluru, Jun 2: Karnataka-Kerala border at Talapady is yet to be opened for traffic despite lifting lockdown. Only those, who have registered on ‘Seva Sindhu’ portal, are given one-time permission to enter the district.

With the relaxation of the lock-down many, especially the labour class, were anticipating free movement. However, both the States have not allowed free movement of vehicles. Hundreds of people from bordering villages of Kerala arrive in Mangaluru for work and likewise many from bordering villages of Mangaluru too work in Kasargod district.

It has become a routine for the labourers of both the States living in border villages to daily assemble at the check post in the morning and return after the authorities refuse free movement.

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News Networks
March 7,2020

Bengaluru, Mar 7: Karnataka Chief Minister BS Yediyurappa on Friday said that the Upper Krishna Project (UKP) will be completed within the next three years.

Speaking in the Assembly, the Chief Minister said: "After discussing with the officials of the finance department, we have decided to allocate Rs 10,000 crore funds for the third phase of UKP. This project will be completed within a span of three years."

Yediyurappa also said that the government will hold talks for additional funds from the Central government.

The leader of Opposition, Siddaramaiah, interrupted and said that the CM has announced this just to gain the confidence of MLAs from north Karnataka.

"The government could have announced it in the budget itself or else the Chief Minister could have announced it at the time of discussion on the budget. Where are the funds with the government to complete the project? CM has announced this just to gain the confidence of MLAs who hail from north Karnataka," said Siddaramaiah.

Deputy Chief Minister Govinda Karajol while speaking to the media welcomed the Chief Minister's statement and said that the earlier government didn't allocate a single penny in the last seven years he added.

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