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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News Network
March 29,2020

Thiruvananthapuram, Mar 29: Kerala Chief Minister Pinarayi Vijayan on Saturday expressed his concern over the ''non-cooperation from the Karnataka Government in removing the roadblocks erected by them in the roads bordering Malapuram district''.

Addressing a press conference at the Government Secretariat, the Chief Minister said, "Karnataka has not heeded to our request to remove the roadblocks. I have been trying to contact their Chief Minister B S Yeddyurappa but not able to reach him."

"We have briefed the Union Minister D V Sadananda Gowda and he has offered to resolve the issue. Our Chief Secretary has also briefed the Central Cabinet Secretary and we expect a resolution soon," he added.

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Agencies
May 3,2020

Lucknow, May 3:Holding the Tablighi Jamaat responsible for the spread of COVID-19, Uttar Pradesh Chief Minister Yogi Adityanath on Saturday said that being infected with a virus is not a crime but to hide it is definitely a crime.

Speaking at a programme of a news channel, Adityanath said, "The role of Tablighi Jamaat was most condemnable. To get a disease is not a crime but to hide a disease which is infectious is definitely a crime. And this crime has been done by those associated with the Tablighi Jamaat."

"In Uttar Pradesh and other places where the spread of the coronavirus has been seen, Tablighi Jamaat is behind it. Had they not hidden the disease and went about like its carriers, then perhaps we would have controlled the coronavirus outbreak to a large extend," he said.

The chief minister said action would be taken against them for the "crime that they have committed".

A Tablighi Jamaat congregation in Delhi in March turned out to be a major source of COVID-19 cases, with those who attended the meet returned home in different parts of the country after being infected with the deadly virus.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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