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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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Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Women’s cash schemes in Chhattisgarh ease inflation, not entrepreneurship

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By Neeraj Mishra

As Chhattisgarh celebrated its 26th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.

With the payment of the 33rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.

And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of  three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.

So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.

The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it.  Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.

“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.

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Sharad Pawar admitted to Mumbai hospital hours after Pune discharge

NCP (SP) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital hours after being discharged from Pune’s Ruby Hall Clinic, where he had been undergoing medical observation following complaints of cough and chest pain.

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Sharad Pawar

Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital on Wednesday, just hours after being discharged from Pune’s Ruby Hall Clinic. His daughter and Baramati MP Supriya Sule confirmed the development in a social media post, saying that the veteran politician was being admitted for further medical tests.

The 85-year-old leader had been discharged from Ruby Hall Clinic earlier on Wednesday after being admitted on November 2 following complaints of cough and pleuritic chest pain.

Confirming his admission to the Mumbai hospital, Supriya Sule said, “We are admitting Baba to Breach Candy Hospital for further tests. Thank you all for your concern and good wishes.”

Pawar’s latest hospitalisation came after he had undergone medical tests and observation during his stay at the Pune facility. Sule had earlier said that his health parameters were stable.

Why was Sharad Pawar admitted to hospital?

Sharad Pawar was initially admitted to Pune’s Ruby Hall Clinic on November 2 after experiencing complaints of cough and pleuritic pain, a form of chest pain that generally becomes worse while breathing, coughing or sneezing.

Dr Purvez K Grant, chief cardiologist, chairman and managing trustee of Ruby Hall Clinic, had said that Pawar was admitted for a general health check-up and medical observation following complaints of pleuritic pain.

During his hospital stay, Supriya Sule had informed that Pawar was undergoing medical tests and that his health parameters remained stable.

He was subsequently discharged from the Pune hospital on Wednesday. However, hours later, his family decided to admit him to Mumbai’s Breach Candy Hospital for further medical examinations.

PM Modi calls Sharad Pawar, advises complete rest

Prime Minister Narendra Modi also spoke to Sharad Pawar over the phone on Wednesday morning to enquire about his health.

According to Pawar’s aide Vitthal Maniyar, the Prime Minister spoke to the NCP (SP) chief and advised him to take complete rest.

Maniyar said Modi told Pawar that his daughter Supriya Sule and others were ready to take care of the country, and that the veteran politician should focus on his health.

Pawar thanked the Prime Minister for enquiring about his well-being, the aide said.

Maniyar also said that Pawar told Modi that he was resting and had no worries about the country, as others were there to take care of things.

The latest hospital admission was confirmed by Supriya Sule, who said her father was being taken to Breach Candy Hospital for further tests.

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