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Adultery not a crime, can be a ground for divorce, says Supreme Court

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Adultery not a crime, can be a ground for divorce, says Supreme Court

[vc_row][vc_column][vc_column_text]The Supreme Court today (Thursday, September 27) junked the 158 year old adultery law unconstitutional, holding it as oppressive to women and treating them as husbands’ property.

Section 497 of Indian Penal Code (IPC) punished a man who has an affair with a woman “without the consent or connivance of” her husband, with five years in jail or fine or both. The wife of the man having an extra-marital affair could not lodge a complaint and woman having an affair with her husband was seen as a victim and was not liable for punishment.[/vc_column_text][vc_column_text css=”.vc_custom_1538038750464{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]According to Section 497 of IPC, “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”. Adultery presently entails imprisonment for a term which may extend up to five years, or fine, or both.[/vc_column_text][vc_column_text]In four separate but concurring judgments, the Supreme Court’s five-judge Constitution bench held that Section 497 of IPC fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality): the SC said it treated the woman as her husband’s property and ruled, “The husband is not the master of the wife.”

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional.

“The wife can’t be treated as chattel and it’s time to say that husband is not the master of woman,” said the Chief Justice of India, Dipak Misra.

Adultery can be ground for any civil wrong. There cant be any social license that destroys the matrimonial home, but adultery should not be a criminal offence,” he said. Stating that a wife was not a chattel of the husband, Misra said, “Any provision of law affecting individual dignity and equality of women invites the wrath of the Constitution. It’s time to say that a husband is not the master of wife. Legal sovereignty of one sex over other sex is wrong.”

The judges noted that most countries had abolished laws against adultery. Making adultery a crime is retrograde and would mean “punishing unhappy people”, said Justice Misra.

As he began reading out the verdict, the Chief Justice remarked that the beauty of the Constitution is it includes “the I, me and you” and “any law which dents individual dignity and equity of women in a civilised society invites the wrath of the Constitution.”

The top court, calling adultery a relic of the past, said Section 497 “denudes women from making choices.”

During arguments, the Centre had defended the law saying adultery must remain a crime so that the sanctity of marriage can be protected. The top court had then questioned how the law preserved the sanctity of marriage when the extramarital affair didn’t invite punishment if the woman’s husband stood by her.

“It’s illogical to say sexual act is not an offence if it’s done with his (husband’s) consent,” ruled the top court.

The Chief Justice said today that adultery might not be the cause of an unhappy marriage; it could be the result of one.

“In case of adultery, criminal law expects people to be loyal which is a command which gets into the realm of privacy… A man having sexual intercourse with a married woman is not a crime,” the judges felt.

The Supreme Court had upheld the legality of the crime in 1954, arguing that in adultery “it is commonly accepted that it is the man who is the seducer, and not the women.”

The Supreme Court today rejected the logic, saying, “Man being the seducer and women being the victim no longer exits. Equality is the governing principle of a system. Husband is not the master of the wife.”

“To attach criminality to something happening in the four walls of privacy is wrong. Law cannot distinguish between man and woman when both have equal role,” the SC added.

“Sexual autonomy of woman cannot be compromised. It’s a result of patriarchal society. It’s her right and there cannot be any condition imposed on her. Chastity is not for woman alone as it is also equally applicable to husband,” the court said.

Last year, in response to the petition challenging the law, the court had said it treats a woman as her husband’s subordinate and time had come for society to realise that a woman is as equal to a man in every respect.

Justice RF Nariman termed Section 497 archaic and concurred with the judgment of the CJI and Justice AM Khanwilkar, saying the penal provision was violative of the rights to equality and equal opportunity to women. Justice DY Chandrachud said Section 497 destroyed and deprived women of dignity. “Section 497 is based on gender stereotypes of the role women. The provision is unconstitutional,” Chandrachud said.

Saying that Section 497 also deprived a woman of her privacy, he said, “Society has two sets of standards for judging the morality of men and women. The law is gender biased, gives unequal voice to partners.”

Justice Indu Malhotra, the lone woman judge on the bench, said that Section 497 was a clear violation of fundamental rights granted in the Constitution and there was no justification for the continuation of the provision.

The five-judge bench of the Supreme Court had reserved judgment on August 8, saying that making adultery a penal offence would be irrational and violative of Article 14 of the Constitution.

The petition seeking the repeal of Section 497 IPC was filed by a non-resident Keralite — Joseph Shine — who termed the 158-year-old law enacted by the Britishers as “unjust, illegal and arbitrary and violative of citizens’ fundamental rights”. Questioning the gender bias in the provision drafted by Lord Macaulay in 1860, Shine has also challenged Section 198(2) of the CrPC.

On January 5, a three-judge bench of the Supreme Court, headed by Chief Justice Dipak Misra, referred the PIL to a larger constitutional bench. The bench had contended the provision seemed “quite archaic, especially when there is societal progress”. In three earlier judgments in 1954, 1985 and in 1988, the court had upheld the provision.[/vc_column_text][/vc_column][/vc_row]

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Thackeray cousins reunite for Mumbai civic polls, announce Shiv Sena UBT–MNS alliance

Uddhav and Raj Thackeray have reunited after two decades, announcing a Shiv Sena–MNS alliance for the upcoming BMC elections with a focus on Marathi identity.

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The long political estrangement between Uddhav Thackeray and Raj Thackeray has ended, with the cousins formally announcing an alliance for the upcoming Brihanmumbai Municipal Corporation (BMC) elections. The joint decision marks a significant shift in Mumbai’s civic politics, placing Marathi identity at the centre of the campaign.

At a joint press conference, Raj Thackeray declared that the Shiv Sena and Maharashtra Navnirman Sena (MNS) would contest the local body elections together. He asserted that Mumbai would get a Marathi mayor, adding that the mayor would come from the Shiv Sena–MNS alliance. Uddhav Thackeray, seated alongside him, echoed the confidence, stating that Mumbai would remain with them “come what may”.

Focus on unity and Marathi identity

Uddhav Thackeray underlined the importance of unity, invoking the slogan “batenge toh katenge” to warn against division. Raj Thackeray said the alliance would work to ensure that Marathi people get what they want, reinforcing the emphasis on regional identity that once defined the politics shaped by Shiv Sena founder Bal Thackeray.

The cousins, who have come together after nearly two decades, also appealed to leaders and workers unhappy with the Shiv Sena faction aligned with the BJP to join their front. The message was aimed at consolidating forces opposed to the ruling coalition in the state.

Seat-sharing and poll preparations

Elections to the BMC are due within a month, with voting scheduled for January 15. Political parties have already begun preparations for a high-intensity campaign to gain control of the country’s richest municipal body.

Uddhav Thackeray said that seat-sharing arrangements for Mumbai, Nashik and other municipal bodies have been finalised, though details were not disclosed. Sources indicated that the Shiv Sena faction led by Uddhav Thackeray could contest around 145–150 seats, while the MNS may field candidates in 65–70 seats. The remaining seats are expected to be contested by allies, including a faction of the NCP.

Strategic reunion against rivals

The alliance shifts the political narrative from disputes over the “real Sena” to a united front led by the Thackeray family, signalling continuity with Bal Thackeray’s legacy. Party leaders described the reunion as a moment of significance for Marathi voters and Maharashtra.

The combination brings together Uddhav Thackeray’s support among traditional Sena loyalists and Raj Thackeray’s appeal among younger voters, positioning the alliance as a key challenger in the civic polls. Raj Thackeray’s return to the fold is also expected to consolidate the Marathi vote bank that had earlier moved towards the MNS, impacting rival formations in Mumbai.

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Nitin Gadkari flags Delhi air pollution, says two-day stay causes infection

Union minister Nitin Gadkari says spending two days in Delhi leads to infection, flags fossil fuel use as a major cause of pollution and calls for alternative energy solutions.

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Union Minister Nitin Gadkari

Delhi’s worsening air quality has drawn sharp criticism from within the ruling BJP, with Union minister Nitin Gadkari saying that even a brief stay in the national capital affects his health.

Speaking at a public event in Delhi, Gadkari remarked that spending just two days in the city results in an infection, raising questions over why the capital continues to struggle with severe pollution levels. His comments come at a time when the Air Quality Index has remained in the ‘very poor’ and ‘severe’ categories for weeks.

The Union minister, who handles the road transport and highways portfolio, acknowledged that the transport sector plays a major role in pollution. He said around 40 per cent of pollution is linked to fossil fuel usage and pointed out that India spends nearly Rs 22 lakh crore on importing fossil fuels, which also contributes to environmental damage.

Gadkari pushes for alternative fuels and exports

Gadkari stressed that promoting alternative fuel and biofuel technologies should be seen as a form of true nationalism. He argued that reducing imports and increasing exports would strengthen the country economically while also addressing pollution. According to him, resistance to eco-friendly technologies remains a major hurdle despite their long-term benefits.

Remarks on communal issues and secularism

During the same address, Gadkari said it was incorrect to label every Muslim as a terrorist, emphasising that there are varying degrees of extremism. He cited former President A P J Abdul Kalam as a national icon and underlined the importance of education, especially among marginalised sections.

He further claimed that Hindu-Muslim tensions in the country are a result of vote bank politics pursued by the Congress. Defining secularism as “justice for all”, Gadkari said policies driven by electoral considerations had created divisions. He asserted that Indian culture is neither communal nor casteist and described Hindutva as tolerant and inclusive.

Reiterating views earlier expressed by former prime minister Atal Bihari Vajpayee, Gadkari said India was, is, and will remain a secular country, rooted in its cultural traditions that advocate welfare for all.

Political reactions over pollution issue

The BJP-led governments at the Centre and in Delhi have faced criticism over their handling of air pollution. Congress leader Imran Masood responded to Gadkari’s remarks by saying that the minister had at least acknowledged the seriousness of the problem. He added that pollution cannot be attributed only to vehicles, noting that similar vehicles operate outside Delhi as well.

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Over 24 lakh voters dropped from Kerala draft electoral roll after special revision

The Election Commission has removed over 24 lakh names from Kerala’s draft voter lists after verification during the Special Intensive Revision process.

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Over 24.08 lakh electors have been removed from the draft voter lists in Kerala following the completion of the Special Intensive Revision (SIR) exercise, with the Election Commission publishing the updated draft electoral roll on Tuesday.

As per official data, Kerala has a total of 2,78,50,855 registered electors. Of these, 2,54,42,352 electors submitted their Enumeration Forms during the revision process, which concluded on December 18.

The poll body said the deletions were carried out after verification and were linked to multiple factors, including electors shifting to other states or Union Territories, voters found to be non-existent, individuals who did not submit enumeration forms within the stipulated time, and those who chose not to continue their registration.

Break-up of deleted names

According to the Election Commission, the deleted entries include 6,49,885 names of deceased voters, accounting for 2.33 per cent of the electorate. Another 14,61,769 voters, or 5.25 per cent, were removed after being found shifted or absent, while 1,36,029 voters, around 0.49 per cent, were deleted for being enrolled at multiple locations.

Claims and objections window open

Although the enumeration phase has ended, eligible citizens can still seek corrections. The Commission has opened a claims and objections period from December 23 to January 22, 2026, allowing applications for inclusion of eligible voters or removal of ineligible names from the rolls.

The final electoral roll for Kerala is scheduled to be published on February 21, 2026.

Awareness drives and field-level efforts

The Election Commission said extensive awareness campaigns were conducted across the state to ensure maximum participation. Senior election officials held regular meetings with political parties at the state, district and assembly constituency levels to explain the revision process and share progress updates.

Booth Level Officers (BLOs) carried out house-to-house visits to all electors listed as of October 27, distributing Enumeration Forms and making at least three follow-up visits for collection. Booth Level Agents were permitted to submit up to 50 forms per day to strengthen coordination at the grassroots level.

To support field staff, BLOs were assisted by Anganwadi workers, students from NCC, NSS and election literacy clubs, volunteers, revenue officials and social work students. The poll body said more than 93 per cent mapping of collected forms was achieved through repeated training sessions, video tutorials and doubt-clearing programmes.

Special initiatives during SIR

During the exercise, the Chief Electoral Officer of Kerala launched motivational and outreach initiatives aimed at supporting election staff managing the heavy workload of digitising voter data. District-level programmes were also rolled out to recognise and motivate BLOs and supervisors completing digitisation targets.

In areas with weak network connectivity, a community-based digitisation model was adopted, where BLOs collectively digitised forms from locations with better internet access. Special urban camps were organised across all wards of urban local bodies to ensure comprehensive coverage of city voters.

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