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Supreme Court says adultery law violates Right to Equality, wonders why it should be an offence

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Supreme Court says adultery law violates Right to Equality, wonders why it should be an offence

[vc_row][vc_column][vc_column_text]The Supreme Court on Thursday observed that prima facie the adultery law was violative of the fundamental right to equality and also questioned the central government’s logic in defending adultery as a criminal offence.

A five-judge Constitution bench headed by Chief Justice of India Dipak Misra and also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, examining the constitutional validity of Section 497 of the Indian Penal Code which deals with adultery, also disagreed with the Centre’s view that validity of Section 497 in the IPC should be upheld because it protects sanctity of marriages.

“The government’s rationale that it will protect sanctity of marriage doesn’t look sound. Sanctity of marriage is gone even when a married man has sexual intercourse with an unmarried woman but that’s not a crime. It is a crime only if a man has relations with a married woman and the husband of the woman complains,” observed Justice DY Chandrachud, a member of the five-judge bench.

The judge remarked that sanctity of marriage goes out of the window in such situations but the legislature has criminalised only one instance.

The bench further observed that each partner to a marriage is equally responsible to keep the sanctity of marriage intact.

“If a married woman has sexual intercourse with a married man other than her husband, why should the man alone be punished when woman too is equal partner to the crime? Such a distinction appears manifestly arbitrary,” it said.

Justice Chandrachud drew a parallel between the offence of bigamy under Section 494 in the IPC and Section 497. He noted that while bigamy is a gender-neutral offence and women can also be held liable.

“This distinction between Sections 494 and 497 itself can make Section 497 unconstitutional,” remarked Justice Chandrachud.

The court also deliberated upon doctrine of severability so as to strike down the discriminatory and arbitrary part of Section 497 while retaining the other portion.

Justice Chandrachud, however, said that he was not sure when such a route can be taken when issues of personal liberty are involved.

“We will have to examine if the entire Section 497 in the IPC should go,” he added.

During the hearing, Justice Indu Malhotra described as “absurd” the part of Section 497 which gives husbands the authority to forgive the other man and settle the case.

“It is absurd to treat a woman as a chattel. Adultery law reduces women into a chattel. There is no crime if a woman has an extramarital relationship with the consent or connivance of her husband. Are women the chattels of their husbands?” asked the bench, wondering how such a provision was drafted in the Indian Penal Code.

The SC also cited a situation where a woman has been staying away from her estranged husband for years. “If a woman then has a sexual intercourse with some other man, will it still lead to prosecution under Section 497 on a complaint by the estranged husband?” it asked.

Proceedings on Wednesday

On Wednesday, the top court asked why consensual sex between two adults should be a criminal offence. The Constitution bench, headed by Chief Justice Dipak Misra, said it would consider whether the law violates the Right to Equality. The bench indicated that instead of considering whether the law should be made gender-neutral, it would examine whether adultery should be a criminal offence at all.

“There were already civil liabilities and consequences of adultery. But making it an offence only for men is actually hit by Article 14 (right to equality)… Now the issue is why adultery should be a crime at all,” the bench headed by Chief Justice of India Dipak Misra observed. The bench also comprises Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra said.

Section 497 IPC says that whosoever has sexual intercourse with the wife of another man is guilty of adultery, which is punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. It also says the woman involved can’t be punished.

This has been challenged by an NRI — Joseph Shine — who terms it “unjust, illegal and arbitrary and violative of citizens’ fundamental rights”. He questioned the gender bias in the provision drafted by Lord Macaulay in 1860. He challenged Section 198(2) the CrPC which allows a husband to bring charges against the man with whom his wife committed adultery.

The bench noted that the question was no more limited to making it a gender-neutral crime.

Appearing for the petitioner, senior advocate Kaleeswaram Raj said the simple question was whether a man can be sent to jail on the ground that he had consensual sex with the wife of another man.

At the outset, the Bench said it would refer the issue to a seven-judge Bench as there was already a verdict by a five-judge Bench upholding the validity of Section 497. But senior counsel Meenakshi Arora said the issue before the court in the earlier case was if women should also be punished. The legality of the provision was not challenged earlier, she submitted following which the court said it will decide the question.[/vc_column_text][vc_column_text css=”.vc_custom_1533212998726{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #ffa500 !important;border-radius: 10px !important;}”]Background:

Section 497 IPC reads as: “497. Adultery.—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, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

Breaking it down what the provision says is: any man who has sexual intercourse with the wife of another man, without the consent of her husband, shall be held liable for the crime of adultery. In other words, a man having sexual intercourse with a married woman is guilty of adultery.

The law does not confer any right on women to prosecute the adulterous husband, or the woman with whom the husband has indulged in sexual intercourse with. In simple words, the husband solely has been permitted to prosecute the adulterer.

Only sexual intercourse with a married woman would amount to adultery. Sexual relations with a widow, sex worker or an unmarried woman would not attract this section. This has been confirmed by the Delhi High Court in the case of Brij Lal Bishnoi v/s State (1996).

The only sound explanation to such provision is that the perpetrator/offender has trespassed upon a husband’s marital property and is now liable to be prosecuted for unlawful possession.

Last year in December, the top court had issued notice to the Centre in a petition challenging the constitutionality of Section 497 IPC that had been filed by Shine.

The Ministry of Home Affairs in its affidavit had stated that “striking down Section 497 of IPC and Section 198(2) of CrPc will prove to be detrimental to the intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage.”

The ministry referred to a judgment passed in 1985, Smt. Sowmithri Vishnu v. Union of India, where it cited that “It is better, from the point of view of the interests of the society, that at least a limited class of adulterous relationship is punishable by law. Stability of marriages is not an ideal to be scorned.”

A three-judge bench of the top Court headed by then Chief Justice YV Chandrachud had upheld the constitutionality of the provision in the case.

It was argued in that case that Section 497 is violative of Article 14 and 16 of the Constitution. The Supreme Court dismissed the contentions and stated that it is commonly accepted that “it is the man who is the seducer and not the woman,” completely ignoring the other aspect of the section.[/vc_column_text][/vc_column][/vc_row]

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Union Minister Scindia slams Rahul Gandhi for Maharajas remark, Congress hits back

He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

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A sharp political clash erupted following Rahul Gandhi’s assertion that only Maharajas enjoyed rights in pre-independence India. Addressing a rally in Mhow, Gandhi claimed that Dalits, Adivasis (tribal people), and other backward castes lacked rights before independence, a stark contrast to the privileged position of royal families. He framed the BJP-RSS’s vision as a return to this pre-independence era, where, he alleged, only the ultra-wealthy like Adani and Ambani would hold sway, leaving the poor to suffer in silence. Gandhi’s speech was a powerful indictment of what he perceived as a regressive political agenda.

This statement immediately drew fire from Jyotiraditya Scindia, a BJP leader and former Congress member. Scindia, in a series of posts on X (formerly Twitter), directly challenged Gandhi’s historical narrative. He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

Scindia highlighted specific examples: the financial assistance provided by Maharaja Sayajirao Gaekwad of Baroda to B.R. Ambedkar for his education, Chhatrapati Shahuji Maharaj’s pioneering 50% reservation for backward castes in his governance as early as 1902, and Madhavrao I of Gwalior’s establishment of educational and employment centres across the Gwalior-Chambal region.

Scindia’s carefully chosen examples aimed to paint a picture of royal patronage of social justice, directly contradicting Gandhi’s narrative. His pointed criticism also served as a personal attack, emphasizing the perceived hypocrisy of a leader from a prominent royal family criticizing the historical role of other such families.

The Congress responded swiftly and forcefully to Scindia’s critique. Pawan Khera, the party’s media and publicity head, launched a counter-offensive, accusing Scindia of conveniently overlooking the darker aspects of the royal families’ history. Khera’s response emphasized the often-overlooked collaboration between many royal families and the British Raj, highlighting their loyalty to colonial rule and the economic privileges they enjoyed even after India’s independence.

He pointed to the substantial tax-free allowances granted to the Gwalior royal family (₹2.5 million in 1950), continuing until 1971, as a direct consequence of their privileged status within the pre-independent and early independent Indian states. Khera’s argument challenged the selective portrayal of royal benevolence, underscoring the enduring economic and political power imbalances that persisted well into the post-independence era.

Furthermore, Khera brought up the contentious issue of a royal family’s alleged involvement in Mahatma Gandhi’s assassination, reminding the public of the complex and often morally ambiguous legacy of many royal houses. He also quoted Jawaharlal Nehru’s rejection of the “divine right of kings” in a Constituent Assembly speech, showcasing the Congress’s historical commitment to dismantling the hierarchical power structures of the past.

Khera’s counter-narrative skillfully framed the debate as a struggle between a vision of inclusive democracy and the remnants of feudal privilege. He cleverly deployed Subhadra Kumari Chauhan’s poem on the Rani of Jhansi, subtly referencing the Scindias’ alleged alliance with the British, to add a layer of pointed historical critique to his response.

The exchange between Scindia and Khera transcended a simple disagreement over historical interpretation. It revealed deep-seated political fault lines and competing narratives about India’s past and the nature of its present-day political landscape. It also highlighted the ongoing debate about the legacy of princely states in independent India and the delicate balance between recognizing past contributions and acknowledging historical injustices. The intense rhetoric used by both sides underscored the high stakes involved in shaping public perception of India’s history and its implications for contemporary politics.

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After Coldplay India tour, PM Modi pushes for live concerts

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

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Prime Minister Narendra Modi has pointed to the phenomenal success of Coldplay’s recent concerts in Mumbai and Ahmedabad as a prime example of India’s burgeoning live music market. The sold-out shows, drawing massive crowds and widespread acclaim, showcased the immense potential for growth in the “concert economy,” a sector the Prime Minister believes is ripe for significant expansion.

Modi’s comments, made at the ‘Utkarsh Odisha – Make in Odisha Conclave 2025’, emphasized the need for coordinated efforts from both state governments and the private sector. He stressed the importance of investing in crucial infrastructure improvements and skills development to fully realize this potential.

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

The Coldplay concerts, part of their Music of the Spheres World Tour, served as a compelling case study. The seamless organization and vibrant atmosphere were widely praised, underscoring the potential for India to become a major player in the global live music industry. The concerts weren’t merely successful musical events; they were significant cultural moments.

Chris Martin’s engaging interactions with the audience, incorporating Hindi, Marathi, and Gujarati, created a unique connection, demonstrating cultural sensitivity and enhancing the overall experience. The inclusion of patriotic songs like “Vande Mataram” and “Maa Tujhe Salaam” during the Ahmedabad concert, coinciding with Republic Day, further cemented the events’ resonance with the Indian public.

The presence of numerous celebrities, including Bollywood stars and prominent sports figures, added to the concerts’ high profile and contributed to the widespread media coverage. This amplified the message about India’s potential as a significant player in the international concert circuit.

Coldplay’s return to India, after their 2016 performance at the Global Citizen Festival, highlights the growing appeal of the country as a destination for major international artists. This positive trajectory suggests a bright future for India’s “concert economy,” a sector that Modi believes can be significantly boosted with strategic investment and planning.

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UP: 7 killed, 40 injured in stage collapse at Jain religious event in Baghpat

The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

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A tragic accident marred a Jain Nirvana festival in Baghpat, Uttar Pradesh, on Tuesday, resulting in the deaths of seven people and injuries to at least forty others, including women and children. The incident occurred during a laddu ceremony, a significant ritual in Jainism involving the offering of sweetmeats.

The cause of the tragedy was the collapse of a makeshift stage constructed from bamboo and wood. Hundreds of devotees had gathered to participate in the ceremony and offer laddoos to Lord Adinath, a revered figure in Jainism, in the presence of Jain monks. The weight of the crowd overwhelmed the temporary structure, leading to its catastrophic failure and the subsequent injuries and fatalities.

Eyewitness accounts paint a picture of chaos and panic as the stage gave way, trapping dozens of people beneath the debris. The rapid response of local authorities was crucial in mitigating the aftermath. According to district authorities, 108 ambulances were already on standby at the festival, allowing for immediate transport of the injured to hospitals for treatment. Senior police officials and other emergency personnel swiftly arrived on the scene to manage the situation and coordinate rescue efforts.

Baghpat’s District Magistrate, Asmita Lal, confirmed the casualties and provided an update on the injured. She stated that at least forty individuals had sustained injuries and were receiving medical attention, while twenty had been discharged after receiving first aid. The scale of the disaster highlights the inherent risks associated with inadequate structural integrity at large public gatherings.

Chief Minister Yogi Adityanath expressed his condolences and directed district officials to provide comprehensive medical care to the injured, ensuring that no effort is spared in their treatment and recovery. The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

Investigations into the cause of the stage collapse are likely to follow, focusing on the materials used, the construction methods, and the overall safety protocols in place. The tragedy underscores the need for heightened safety measures to prevent similar incidents in the future.

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