SC verdict on adultery welcomed by lawyers, activists

Agencies
September 27, 2018

New Delhi, Sept 27: The Supreme Court verdict on Thursday declaring that adultery is not a crime was welcomed by several people who said it was a good riddance to an antiquated law, though some experts raised concerns over the judgement.

A five-judge Constitution bench headed by Chief Justice Dipak Misra was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.

BJP spokesperson Nalin Kohli said that every judgement of the SC has to be welcomed because it becomes the law "which we all have to subscribe to.

"We have to look at judgements of the Supreme Court with regards to fundamental rights, whether it is equality of either men or women or everyone before the law or it is about right to privacy or it is about freedom of speech and expression.

"It has to been seen in context of this evolution. This judgement is a step in that direction. Every judgement of the SC has to be welcomed because it becomes the law which we all have to subscribe to," he said.

All India Majlis-E-Ittehadul Muslimeen president Asaduddin Owaisi raked up the issue of triple talaq, saying the Supreme Court decriminalised sections 377 and 497, but it had just "set aside" the practice of instant divorce among Muslims, and the government made it a penal offence through an ordinance.

"The Supreme Court didn't say Triple Talaaq is Unconstitutional but "set it aside "but Apex Court has said 377 & 497 is Unconstitutional will Modi Government learn from these judgments and take back their Unconstitutional Ordinance on Triple Talaaq (sic)," he tweeted.

Reacting to the judgement, social activist Brinda Adige asked if the judgement allows polygamy too? "Because we know that men very often marry two-three times and there is so much of problem when the first, second or third wife are abandoned."

"If adultery is not a crime, how is this women even going to file a case against the husband who might desert or abandon her. It's a concern," she said.

Congress leader Renuka Choudhary also sought more clarity on the issue.

"This is like criminalising the triple talaq law. They have done that but now the men will just abandon us or not give us talaq. They will have polygamy or nikah hallala which creates hell for us as women. I am glad its not a crime anymore but I do not see how it helps. The court should see across the board and give us a clarity," she said.

Other activists and lawyers hailed the judgement.

Senior Supreme Court lawyer Prashant Bhushan termed the verdict a fine judgement.

"Another fine judgement by the SC striking down the antiquated law in Sec 497 of Penal code, which treats women as property of husbands & criminalises adultery (only of man who sleeps with someone's wife). Adultery can be ground for divorce but not criminal," Bhushan said on Twitter.

Congress MP and president of women's wing of the party Sushmita Dev agreed with him.

"Excellent decision to de-criminalise adultery. Also a law that does not give women the right to sue her adulterer husband & can’t be herself sued if she is in adultery is unequal treatment & militates against her status as an individual separate entity," she tweeted.

Her party colleague Priyanka Chaturvedi lauded the verdict, saying there are some laws that need to be changed, modified or removed with time.

"It was a 150-year-old law which does not have a place in new India but at the same time we also want to note that adultery is not normal and can be a ground for divorce which in my opinion is a very fair judgement keeping in mind the country we live in and the century we are living in," she said.

Kavita Krishnan, Secretary, All India Progressive Women's Association (AIPWA) and a CPI(ML) Polit Bureau member said decriminalising adultery is welcome and was long overdue.

"Adultery is now grounds for divorce not crime. The law criminalising men for relations with some other man's wife was patriarchal, assumes wife is husband's property and has no autonomy. Good riddance #AdulteryVerdict," she tweeted.

National Commission for Women chief Rekha Sharma, too, welcomed the judgement and said it should have been removed long time ago.

"This is a law from the British era, although British had done away with it long back, we were still stuck with it," she said.

According to social activist Ranjana Kumari, "patriarchal control" over women was unacceptable. "We welcome the judgement by the SC striking down the 158yr old law based on Victorian values, in Sec 497 of Penal code, which treats women as property of husbands & criminalises adultery. Patriarchal control over women's body unacceptable," she tweeted.

The Supreme Court bench held that while adultery should not be a criminal offence it would continue to be treated as civil wrong, and can be ground for dissolution of marriage.

There can't be any social licence which destroys a home, Chief Justice Dipak Misra said.

Section 497 of the 158-year-old IPC says: "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."

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Agencies
January 21,2020

Pune, Jan 21: The Pune session court on Tuesday rejected the bail application of accused Vikram Bhave in the Dabholkar murder case.
Last year, Pune Sessions Court had granted an extension of 90 days to the Central Bureau of Investigation (CBI) to file a charge-sheet against Bhave.

On August 17, 2019, the court had rejected Bhave's bail plea.

During the course of hearing, Special Public Prosecutor (SPP) Prakash Suryavanshi, appearing for the CBI, had in June last year contended that Bhave helped the assailants to escape.

The CBI had arrested Bhave and another accused Sanjeev Punalekar from Mumbai on May 25, 2019 in connection with the matter.

Founder of the Maharashtra Andhashraddha Nirmoolan Samiti (MANS), Dabholkar was shot dead by bike-borne assailants while returning home from a morning walk on August 20, 2013. 

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News Network
February 29,2020

New Delhi, Feb 29: Amid the raging communal violence in the entire north-east Delhi earlier this week, there were people who were trying to save persons and families from the "other community" from the fury of the mobs of their own community.

Naeem Ali Pradhan, 34, from Shiv Vihar, helped at least 7-8 Hindus on the night of February 24 -- when the violence was at its peak-- escape to safer locations. Shiv Vihar is one of the worst affected areas in the violence.

According to Naeem Ali, that night mobs attacked dozens of shops on the road and later tried to enter inside the residential areas.

Suddenly, he spotted a group of youth who were looking hassled and frantically asking for directions.

"I saw them. Thye were Hindus who were trying to escape a mob looking to target them. They had lost their way inside the streets of our colony. I along with other Muslim men escorted them to the nearby Hindu locality," Naeem, who is also a member of the Aman Committee constituted by the Delhi police, told ANI.

"Several shops which were on the roads including some showrooms were attacked by a group. These Hindus were worried as a mob which was on the main road was attacking people. They asked me the address of a colony as they were unable to find their way," Naeem said.

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News Network
March 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

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