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
July 21,2020

Bengaluru, Jul 21: Karnataka Chief Minister B S Yediyurappa on Tuesday said that everyone has to fight COVID-19 while maintaining a stable economy and lockdown is not the solution.

While briefing the media after a meeting with Health Minister B Sriramulu and officials here, CM Yediyurappa said, "There will be no lockdown from tomorrow, people need to get back to work, the economy is also very important. We have to fight COVID-19 while maintaining a stable economy. Lockdown is not the solution, now restrictions will be placed only in containment zones."

"People who came from Maharastra and Tamil Nadu added to the COVID-19 cases in Karnataka. Experts have suggested a 5T strategy - Trace, Track, Test, Treat and Technology. Our COVID warriors are working day and night to safeguard the people of the state, we have to maintain social distance, wear a mask while going out," he added.

CM Yediyurappa further said that more than 80 per cent COVID-19 cases in the state are asymptomatic.

"Five five per cent need ICU or ventilators, 11,230 beds are kept ready for the use of people including private hospitals, medical colleges. The real-time dashboard is ready to serve the people. Now onwards, test report will be given within 24 hours. SSLC exams were conducted successfully. More than 8 lakh students wrote exams in such a situation," he said.

Commenting upon the allegations of COVID-19 mismanagement labelled by opposition leaders, CM Yediyurappa said, "I request all the opposition leaders not to make unnecessary comments. I request Siddaramaiah, D K Shivakumar and others to suggest us valuably to fight corona together."

"We will give all the details which are required to D K Shivakumar, Siddaramaih, H D Kumaraswamy. Not even one-rupee corruption is done in COVID-19 management. We will give you all details. No official misused any funds, being opposition leaders, you have all rights to check documents, we will provide them," he added.

Taking to Twitter, Health Minister B Sriramulu said that the decision to raise the salary of 2,000 AYUSH doctors to Rs 45,000 was taken in the meeting.

"The decision to raise the salary of 2000 AYUSH doctors to Rs 45,000 was taken at a meeting chaired by our Hon. Chief Minister Shri @BSYBJP. Assurance has been given that the demand of private AYUSH doctors too will be reviewed and a decision regarding the same will be taken at the earliest. All doctors who were protesting for the same have withdrawn their resignations and reported to work," he tweeted.

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News Network
June 27,2020

Bengaluru, Jun 27: Announcing Karnataka’s ambitious plan to install a 108-ft-tall statue of Nadaprabhu Kempegowda outside the airport, deputy chief minister Ashwath Narayan said the government will bear the project cost — approximately Rs 78 crore.

Work on the project will formally commence with the chief minister laying foundation stone for installation of the statue and development of a 23-acre park where it will come up, on Saturday.

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An artist’s impression of the 108-ft-tall statue, which is proposed to come up in a 23-acre park outside KIA. The chief minister will perform bhoomi puja on Saturday.

KPCC president DK Shivakumar on Thursday suggested the cost be borne by Kempegowda International Airport and not the government. He wrote to the CM welcoming the decision to erect a statue of the chieftain at KIA, but asked why should the govenment spend on it. “When huge concessions have been provided to KIA, why not use its services to construct the statue,” he asked. Narayan, who is chairman of Kempegowda Development Authority, said it is the government’s duty to bear the cost.

The government has released sketches of the statue and a blueprint of the park. Noted sculptor Ram Sutar, who designed the Gandhi statue located between Vidhana Soudha and Vikasa Soudha and the Statue of Unity in Gujarat, will be part of this project as well.

Narayan said the government was not competing with any other state on having a tallest/largest statue while emphasising that Kempegowda ensured the city had tanks, markets and drainage system when it was founded. He added the government won’t invite many guests to Saturday’s ceremony. “Most legislators will be given a virtual link to view the event,” he said.

Comments

Arif, Mangaluru
 - 
Saturday, 27 Jun 2020

When the economic situation is very bad they are wasting people's money on these things now! These statues can be built when the peoples' basic things are first fulfilled. The title of this topic should be "People to bear the burden of Rs.78 crore", there is nothing like governments money, it's all belong to people.

Mohammad Mubarak
 - 
Saturday, 27 Jun 2020

What is the neccessity of spending tax payers money in building Statue when there is great need of these amount in improving the quality of Health sector during COVID-19 Pandemic. Government must be smart enough to prioritise the need of the people.

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News Network
June 18,2020

Mysuru, Jun 18: The Karnataka government's proposal announced on Thursday to hold online classes for students amid concerns over COVID-19 has not gone down well with thousands of tribal students residing in villages across the state.

A team from Karnataka State Commission for Protection of Child Rights (KSCPCR) visited a few tribal hamlets in Mysuru and Kodagu recently and found that the students, unlike their urban counterparts, lack accessibility to not just smartphones and computers, but basic necessities like power supply.

''When such is the situation in the tribal hamlets, how can you expect students to catch up on their studies if classes are held online?'' wondered M L Parashurama Member, KSCPCR, who toured villages like Thithimathi, Beematagere, Devamachchi and Gaddadi in Kodagu's Virajpet taluk, besides Bavali, Balyadi, Machchuru, and Anemone in Mysuru's HD Kote taluk along with Chairperson Antony Sebastian.

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