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
January 2,2020

Mysuru, Jan 2: Mysuru-based Karnataka State Open University is gearing up to offer courses online from this year onwards and a proposal in this connection will be placed before the University Grants Commission (UGC) this month, after approval from the board of management.

As of now, the university offers 31 courses, including undergraduate, postgraduate, and diploma programmes.

Vice-chancellor Vidyashankar S Said that the university will submit its proposal to the UGC soon.

“This is being done to make learning convenient and help students study their courses of choices from the comfort of their homes.”

After launching online admissions for courses, this is another step to go paperless and towards an e-campus, the V-C explained.

The university has also proposed to launch 12 new courses for 2020-21.

A proposal in this regard will be placed before the board for approval on Thursday and the same will be submitted to the UGC for its nod.

Prof. Vidyashankar said the these courses will be in addition to the 31 already available.

The new courses include LLM, MA in Education, BBA, BSc, BCA, diploma in Information Technology, postgraduate diploma in Information Technology, BSc in Information Technology, MSc in Information Technology, MSc in Botany, PG diploma in Banking and Insurance, MSc in Zoology, MA in Telugu, Executive MBA, and MSc in Food Sciences and Nutrition.

The new courses had been proposed based on students’ feedback and the trend.

The V-C said the admissions for the January cycle have begun and over 380 students had so far taken admissions online.

“We are hoping for good admissions this cycle and are expecting around 12,000 admissions,” he replied.

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News Network
May 10,2020

Mangaluru, May 10: A special train carrying 1,140 migrant workers stranded here in the lockdown has left Mangaluru railway station for Jharkhand.

Dakshina Kannada MP Nalin Kumar Kateel and Vedavyas Kamath, MLA, were present at the railway station on Saturday night when the train left.

Kamath said the workers who had registered on the state governments Seva Sindhu portal were brought to the railway station in Karnataka State Road Transport Corporation buses.

A health check-up was carried out before they boarded the train.

The district administration also provided food packets and water to the migrants at the station.

Three more trains will leave from Mangaluru for Uttar Pradesh, Bihar, and Jharkhand soon, he said.

Meanwhile, in a statement, Dakshina Kannada Deputy Commissioner Sindhu P Rupesh said train services are being arranged for migrant workers who have registered their names on the Seva Sindhu portal.

The workers will be informed when trains are arranged to their destinations and they need not throng the railway station unnecessarily, she said.

Around 20,000 workers have so far registered themselves online, including 5,000 from Jharkhand, 3,000 from Uttar Pradesh and 4,000 from Bihar.

Hundreds of migrant workers had on Friday staged a protest at the central railway station here, demanding that they be sent back home.

The workers went back to their camps only after district authorities and police gave them assurance that trains will be arranged in three days.

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News Network
April 19,2020

Bengaluru, Apr 19: Former Karnataka Chief Minister H D Kumaraswamy on Sunday thanked Chief Minister B S Yediyurappa for backing his family regarding his son Nikhil s wedding, which drew flak for allegedly violating lockdown norms.

Asserting that social distancing was maintained during the wedding, the JD(S) leader in a series of tweets hit out at those accusing his family of violating lockdown norms, by stating that they were doing it out of "political hate".

"Despite maintaining social distancing and following rules during Nikhil's marriage, there are discussion that norms were not followed.

Because of political hate, poisonous comments are being made about an auspicious event, but Chief Minister B S Yediyurappa by rejecting all this is standing by the truth," Kumaraswamy said in a tweet in Kannada.

He said, "heartfelt thanks to Yediyurappa for his statement that a big political family in the state has conducted the marriage ceremony in a simple way."

Nikhil, the grandson of former prime minister H D Deve Gowda, entered wedlock on Friday at a Bidadi farmhouse with Revathi, the grandniece of former Congress minister M Krishnappa.

On the day of the marriage several posts on social media, also media reports had criticised the Gowda family for violating locdown norms and social distancing during the event.

Coming to the defence of Gowda family, Yediyurappa in response to a question on Saturday told reporters "They (family) had all the permissions and the event was held in a simple fashion. There's no need to discuss this.

"Despite having many relatives, they stuck to the limitations. For this, I congratulate them," he had said.

Stating that lockdown rules were followed during Nikhil's marriage, Kumaraswamy said, "By looking for politics in Nikhil's marriage, certain faulty minds on social media are spewing venom that is in their mind."

Gowda family had scaled down Nikhil's wedding, which was earlier planned in a 95-acre land near Ramanagara with a lavish set, with lakhs of party workers and well-wishers in attendance, followed by a grand reception in Bengaluru.

Nikhil has acted in couple of Kannada films in the lead role.

He had contested the 2019 Lok Sabha polls from the party bastion of Mandya and had lost against multilingual actress Sumalatha Ambareesh, an independent candidate supported by BJP, in a bitterly contested polls.

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