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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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Lawrence Bishnoi’s brother claims credit for firing incident outside Salman Khan’s house

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Anmol Bishnoi, the brother of gangster Lawrence Bishnoi, is said to have accepted responsibility for shooting outside Salman Khan’s house on Sunday. Anmol, who is apparently hiding in the US and is wanted in India, allegedly posted on social media, calling the actor’s firing only a trailer and delivering a warning.

In his alleged facebook post, Anmol said, peace is what they seek. If the only decision against oppression is war, then so be it. He further said giving warning to Salman Khan that they have only shown you a trailer so that the actor can understand the magnitude of their strength and do not test it.

He continued saying, this is the first and last warning. After this, shots will not be fired outside the house only. He said that he h as kept two dogs whom he had named after named after Dawood Ibrahim and Chota Shakeel. He claimed that Salman Khan considers them as his Gods. Concluding the post Anmol said, he dosen’t have the habit of talking much.

This incident occurred when two unidentified guys riding bikes fired four rounds of gunshots outside Salman Khan’s Bandra residence in Mumbai early on Sunday morning. The incident occurred at roughly 4.51 am outside of Galaxy Apartments. However, no one was injured in the incident.

However, Salman Khan’s father, Salim Khan responded to the incident and said, that everything is gin and no one is injured.

As per the early investigation the bullets were fount in the balcony of Salman Khan’s house.

Meanwhile, the actor’s security has been stepped up and the police are closely monitoring the situation. The crime branch, local police and forensic teams visited the spot for further probe and recovered shells of bullets fired outside Khan’s house.

In addition, Salman Khan has been granted permission to carry a personal firearm for protection.

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Gunshots fired outside Salman Khan’s Galaxy Apartment in Bandra, Mumbai Police investigates

A firing incident took place outside Salman Khan’s home in Bandra today, and investigation is currently underway.

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Early in the morning, gunshots were heard outside Salman Khan’s Bandra house. An unidentified person fired a gun into the air while riding a bike about five in the morning. Police are currently looking into the matter and conducting searches.

It has been reported that two men fired bullets outside Salman’s Galaxy Aparetment at around 5:00 am. A gunshot fire was found close to the air conditioner mounted on the wall beside it. An investigation has been launched by Mumbai Police to identify the gunman. The forensic team and the crime branch also arrived at the location.

However, there are currently no reports of injuries. The security around Salman Khan’s home has been inxcreased, according to the police. On the other side, the Bandra Police Station has received an official complaint (FIR) against unidentified attackers. DCP has also arrived at the location. Images of the two suspects who opened fire at Salman’s house on the bike appeared. In the images, the two accussed can be seen wearing helmets to prevent identification. Salman’s home has CCTV installed, and the image was taken using it.

This is not the first time that Salman Khan has been attacked or threatened. Several people have threatened to kill him. Gangster Lawrence Bishnoi had planned ahead of time to use his goons to attack the Bollywood actor. The man who was given the idea to kill Salman Khan is none other than Naresh Shetty, the mentor of mobster Kala Jathedi and the most important person in Bishnoi’s gang.

In addition, mobster Sampat Nehra had set up camp in Mumbai for a few days in order to attack Salman Khan. Not only that, but after escaping, infamous mobster Kala Jathedi also made Mumbai his home. At one point or another, all of these mob figures resided in Mumbai’s Vaasi area.

Meanwhile, on the occasion of Eid, Salman Khan frequently waves to his followers from the balcony of his first-floor Galaxy Apartment.

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Lok Sabha elections 2024: BJP releases manifesto Sankalp Patra in presence of PM Modi, focuses on women, poor and youth

The BJP released its manifesto or Sankalp Patra, with tagline Modi ki Guarantee, for the Lok Sabha election 2024

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At the party headquarters in New Delhi on Sunday, April 14, the Bharatiya Janata Party unveiled their manifesto, or Sankalp Patra, for the Lok Sabha election of 2024, with the slogan Modi ki Guarantee. The manifesto was presented in the presence of Prime Minister Narendra Modi, party president JP Nadda, and other senior leaders.

The day marks on the anniversary of the birth of BR Ambedkar, a notable Dalit leader who drafted the Indian Constitution. A 27-member committee to draft the party’s manifesto, led by Defence Minister Rajnath Singh, was constituted by the BJP and convened twice to discuss its contents. Ahead of this, the party conducted several campaigns on social media and sent out vans across the nation to get recommendations from the public.

The four pillars of Viksit Bharat—women power, youth power, farmers, and the poor—are the core of the manifesto, according to the prime minister. The PM said that the manifesto emphasizes both the quantity and quality of opportunities, as well as the dignity of life and quality of life.

According to the PM, the government will prioritize installing piped gas in every home and provide free solar-powered electricity.

A five-year extension of the Centre’s free ration system was promised in the manifesto. To stabilize prices and safeguard the plates of the impoverished, the government said it will concentrate on achieving self-sufficiency in the production of vegetables, edible oils, and pulses. It stated that every home will have access to drinking water and that the Ayushman Bharat scheme and the PMAwas Yojana would be increased.

As per the BJP manifesto, farmers would still receive Rs 6,000 in annual support, and the crop insurance program will be strengthened with the use of technology. According to the manifesto, the government will keep raising the minimum support price for crops on a regular basis, establish new clusters for the production of necessities, and construct more storage facilities.

JP Nadda, speaking to the media, outlined the accomplishments of the BJP government during its ten years in office. He restated that the central campaign slogan of the BJP, Modi ki guarantee, is a guarantee that all guarantees will be fulfilled.

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