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

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6 years ago

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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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Cricket news

India vs England T20 series 2025: Complete guide to matches, squads, and streaming info

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20 hours ago

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January 21, 2025

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Promotional image for India vs England 2025 T20 series featuring match details

After wrapping up two months of intense Test cricket, Team India is ready to transition to the white-ball format with the much-anticipated five-match T20 series against England. This series not only offers India a chance to regroup after some challenging Test matches but also sets the stage for the upcoming three-match ODI series against the same opponent and the ICC Champions Trophy later in the year.

Series Schedule and Venues: The action begins at the iconic Eden Gardens in Kolkata and will move through four other major cricketing venues across India. Each match promises to be a display of high-octane cricket under the lights, with start times pegged at 7 PM IST to maximize audience engagement both at the grounds and on television.

Full Schedule:

  • 22 January: 1st T20I at Eden Gardens, Kolkata
  • 25 January: 2nd T20I at MA Chidambaram Stadium, Chennai
  • 28 January: 3rd T20I at Saurashtra Cricket Association Stadium, Rajkot
  • 31 January: 4th T20I at Maharashtra Cricket Association Stadium, Pune
  • 2 February: 5th T20I at Wankhede Stadium, Mumbai

Head-to-Head Record: India and England have a competitive T20I history with India leading slightly with 13 wins to England’s 11 in 24 matches. In India, the record is also closely contested, with England winning 9 of their 17 matches on Indian soil.

Viewing Options: Fans can catch all the live action on the Star Sports Network, and streaming is available on Disney Plus Hotstar. This accessibility ensures that fans won’t miss a moment of this enthralling series.

Detailed Squad Information:

India’s Squad:

  • Suryakumar Yadav (Captain): The dynamic batsman leads the team, known for his innovative stroke play.
  • Sanju Samson (Wicketkeeper): A versatile player known for his aggressive batting and sharp wicketkeeping skills.
  • Abhishek Sharma, Tilak Varma, Rinku Singh, Nitish Kumar Reddy: Young talents who have shown promise in domestic circuits.
  • Hardik Pandya: An all-rounder known for his ability to change the game with both bat and ball.
  • Axar Patel, Washington Sundar: Skilled spinners who can also contribute with the bat.
  • Harshit Rana, Arshdeep Singh: Emerging fast bowlers expected to bring energy and pace.
  • Mohammad Shami, Varun Chakravarthy, Ravi Bishnoi: Experienced in their roles, crucial for their bowling attack.
  • Dhruv Jurel (Wicketkeeper): Another young wicketkeeper with impressive domestic performances.

England’s Squad:

  • Jos Buttler (Captain): The explosive wicketkeeper-batsman leads the English side with his aggressive play.
  • Harry Brook, Ben Duckett, Phil Salt, Jamie Smith: Formidable batters known for their fast scoring.
  • Jacob Bethell, Brydon Carse, Jamie Overton, Rehan Ahmed: Young players who bring fresh energy and skills.
  • Liam Livingstone: A powerful all-rounder known for hitting long sixes and bowling effective spin.
  • Jofra Archer, Gus Atkinson, Saqib Mahmood, Adil Rashid, Mark Wood: A strong bowling lineup with a mix of pace and spin, crucial for T20 format.

With both teams featuring a blend of seasoned internationals and exciting new talent, the T20 series is expected to be a closely contested affair. As the squads gear up for this high-profile series, the cricketing world eagerly awaits to see if India can maintain their formidable form in T20s or if England can disrupt their winning streak on Indian soil.

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Oppo Find N5 set to launch with 50W wireless charging and IPX9 water resistance

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1 day ago

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January 21, 2025

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Oppo Find N5 being tested underwater to showcase its IPX9 water resistance rating.

Oppo has officially confirmed that its latest innovation, the Find N5, will support 50W wireless charging and feature an IPX9 water resistance rating. The announcement comes as part of a series of teases highlighting the capabilities of this next-generation foldable smartphone, set to launch in February.

According to recent leaks, the Find N5 will be the first smartphone to incorporate the Qualcomm Snapdragon 8 Elite SoC, signaling significant performance enhancements. Pete Lau, Oppo’s Chief Product Officer, has touted the device as the “thinnest foldable phone,” positioning it against leading competitors like the latest iPhone in terms of sleek design.

Zhou Yibao, head of the Oppo Find series, shared insights via Weibo about the Find N5’s advanced features. The device not only matches the wireless charging speeds of newly released models like the Oppo Find X8 Pro and OnePlus 13 but also integrates seamlessly with in-car systems from major electric vehicle brands such as BYD and NIO.

In a compelling demonstration of its durability, a recent video posted by Yibao showed the Find N5 being submerged underwater, showcasing its capability to withstand significant water exposure, evidenced by its IPX9 rating. This test included recording underwater videos, highlighting the phone’s versatile camera capabilities in extreme conditions.

The Find N5 also sports a refined design with slimmer borders and a larger overall form factor compared to its predecessors, which could attract users looking for a sleek yet robust foldable phone.

As anticipation builds, Oppo has begun sharing images of the Find N5, revealing a foldable design as thin as a USB-C port when opened. This device promises to merge aesthetic appeal with functional excellence, setting a new benchmark in the evolving foldable phone market.

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India News

Saif Ali Khan out of hospital six days after stabbing at his residence

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1 day ago

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January 21, 2025

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Detained individual linked to the stabbing of Bollywood actor Saif Ali Khan being escorted by police.

Bollywood actor Saif Ali Khan has returned to his home after being discharged from the hospital, where he was treated for injuries sustained from a stabbing incident at his residence last week. The actor, known for his roles in films such as “Dil Chahta Hai” and “Tanhaji,” was reportedly attacked unexpectedly in his home, leading to his hospitalization.

The incident, which sent shockwaves through the Bollywood community and his fanbase, occurred late at night and resulted in multiple injuries for Khan. He was rushed to a nearby hospital, where he received immediate medical attention. The specifics of the incident, including the motive and the identity of the assailant, have not been publicly disclosed by the authorities.

During his stay at the hospital, Khan was under constant medical supervision and underwent several treatments to address his injuries. His discharge comes after a six-day period of intensive care, indicating a stable recovery.

Family members and representatives of Khan have expressed their gratitude to the medical team for their efforts and to fans for their support and well wishes during this challenging time. While the actor has been released from the hospital, he is expected to continue his recovery at home under the guidance of his personal doctors.

The Mumbai Police are currently investigating the circumstances surrounding the incident, and further details are expected to be released as the investigation progresses.

This troubling event has sparked a conversation about the safety of public figures and the pressures they face. As Khan recuperates at home, the film industry and his supporters worldwide hope for his full recovery and return to the silver screen.

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