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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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India signs Rs 32,000 crore deal for 31 Predator drones from US

The Predator drones deal will enhance the surveillance capabilities of the Indian armed forces.

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Jammu and Kashmir High Court

India has recently signed a deal with the United States for the procurement of 31 MQ-9B High Altitude Long Endurance UAV manufactured by General Atomics. This follows less than a month after Prime Minister Narendra Modi and US President Joe Biden held a meeting about the acquisition of the drones on the sidelines of the Quad Leaders’ Summit held in Delaware.

Both the countries signed a deal worth Rs 32,000 crore for the acquisition of 31 predator drones, along with the establishment of a maintenance, repair, and overhaul (MRO) facility in India.

The Predator drones deal will enhance the surveillance capabilities of the Indian armed forces. Reports said, the total value of the deal could increase to Rs 34,500 crore. The project was cleared by the Cabinet Committee on Security (CCS) past week under which 15 birds will go to the Indian Navy while the rest would be divided equally between the Air Force and the Army.

India has been discussing the deal with the United States for many years, but the final hurdles were cleared a few weeks ago at the Defence Acquisition Council meeting as it had to be cleared before October 31 as the validity of the American proposal was till that time only.

Reportedly, India would be basing the drones at four possible locations, including INS Rajali near Chennai, Porbandar in Gujarat, Sarsawa and Gorakhpur in Uttar Pradesh.

The United States had approved the sale of 31 MQ-9B drones to the Indian military at an estimated cost of $3.99 billion in February.

The major characteristic of the MQ-9B Predator is its whisper-quiet operation. The drone stands out from the rest because of its stealth feature. The predator drone can fly as close to 250 metres from the ground without the target even having an inkling it is there unless spotted.

The drone with a maximum speed of 442 km/h, can soar at an altitude of around 50,000 feet, higher than that of a commercial airplane. Its capacity to send on extended missions in any kind of weather is another noteworthy feature. It also has the option to be fitted with air-to-ground missiles in addition to air-to-air missiles.

Furthermore, the MQ-9B drone can fly 2,000 miles without refueling and carry up to 1,700 kg of cargo, which includes four missiles and about 450 kg of bombs. General Atomics Aeronautical Systems, the drone manufacturer claims that it can fly nonstop or hover over targets for up to 35 hours.

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India summons Canadian diplomat after Trudeau government’s move in Nijjar case

Canada’s Deputy High Commissioner to India, Stewart Wheeler has been summoned by the Ministry of External Affairs to offer explanation over Canada’s move.

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India summons Canadian diplomat after Trudeau government’s move in Nijjar case

In a massive escalation of diplomatic row, India has summoned Canadian diplomat Stewart Wheeler after Ottawa charged the Indian High Commissioner and other diplomats as persons of interest in the murder investigation of Khalistani terrorist Hardeep Singh Nijjar.

Canada’s Deputy High Commissioner to India, Stewart Wheeler has been summoned by the Ministry of External Affairs to offer explanation over Canada’s move. The North American country named Indian High Commissioner Sanjay Kumar Verma as a person of interest in its investigation into Hardeep Singh Nijjar’s killing.

Following the claims, the MEA issued a strongly-worded statement, where it accused Prime Minister Justine Trudeau of doing vote bank politics and not doing enough to tackle separatist elements on Canadian soil. The MEA asserted that the Canadian government did not share a shred of evidence of India’s involvement in Nijjar’s killing despite repeated requests.

The statement remarked that since Prime Minister Trudeau made certain allegations in September 2023, the Canadian government has not shared a shred of evidence with the Government of India, despite many requests from our side. It added that this latest step follows interactions that have again witnessed assertions without any facts, and leaves little doubt that on the pretext of an investigation, there is a deliberate strategy of smearing India for political gains.

The Ministry in its statement also clarified that the Indian government strongly rejects these preposterous imputations and ascribes them to the political agenda of the Trudeau Government that is centered around vote bank politics. The government further stated that it took note of the activities of the Canadian High Commission in India, which it said served as the political agenda of the Trudeau government. Furthermore, it mentioned that India now reserves the right to take further steps in response to these recent efforts of the Canadian Government to concoct allegations against Indian diplomats.

India and Canada ties fell off in September last year when Canadian Prime Minister Justin Trudeau alleged Indian government agents involvement in the killing of Khalistani terrorist Hardeep Singh Nijjar on Canadian soil. India had rejected those charges as motivated and absurd.

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Hardeep Singh Nijjar killing: MEA slams Canada’s charge against Indian High Commissioner, diplomats; calls it preposterous

The Ministry of External Affairs said the Canadian government did not share a shred of evidence of India’s involvement in Nijjar’s killing despite repeated requests and accused Trudeau of doing vote bank politics

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Hardeep Singh Nijjar killing: MEA slams Canada’s charge against Indian High Commissioner, diplomats; calls it preposterous

The Ministry of External Affairs on Monday issued a strongly-worded statement over Canada’s charge that the Indian High Commissioner and other diplomats are persons of interest linked to a murder investigation, calling it preposterous imputations. Criticizing the Justin Trudeau government for smearing India as part of its vote bank politics, the MEA said that it now reserved the right to take further steps in response.

India and Canada ties worsened in September last year when Canadian Prime Minister Justin Trudeau alleged Indian government agents involvement in the killing of Khalistani terrorist Hardeep Singh Nijjar on Canadian soil. India had rejected those charges as motivated and absurd. However, the diplomatic row took a fresh turn recently when Canada named Indian High Commissioner Sanjay Kumar Verma as a person of interest in its investigation into Nijjar’s killing.

Issuing a scathing statement today, the Ministry of External Affairs said the Canadian government did not share a shred of evidence of India’s involvement in Nijjar’s killing despite repeated requests and accused Trudeau of doing vote bank politics and not doing enough to tackle separatist elements on Canadian soil.

The statement read that the Indian government received a diplomatic communication from Canada yesterday suggesting that the Indian High Commissioner and other diplomats are persons of interest in a matter related to an investigation in that country. The MEA in its statement clarified that the Indian government strongly rejects these preposterous imputations and ascribes them to the political agenda of the Trudeau Government that is centered around vote bank politics.

The statement claimed that since Prime Minister Trudeau made certain allegations in September 2023, the Canadian government has not shared a shred of evidence with the Government of India, despite many requests from our side. It added that this latest step follows interactions that have again witnessed assertions without any facts, and leaves little doubt that on the pretext of an investigation, there is a deliberate strategy of smearing India for political gains.

The government also pointed to the long evidence of Trudeau’s hostility to India, saying his 2018 visit to India was aimed at currying favour with a vote bank, rebounded to his discomfort.

The statement further stated that Trudeau’s Cabinet has included individuals who have openly associated with an extremist and separatist agenda regarding India. The Canadian Prime Minister’s naked interference in Indian internal politics in December 2020 showed how far he was willing to go in this regard, that his government was dependent on a political party, whose leader openly espouses a separatist ideology vis-a-vis India, only aggravated matters, it continued. The MEA was referring to Canada’s New Democratic Party leader Jagmeet Singh, whose party pulled out of Trudeau’s government.

The government asserted that the Trudeau administration deliberately flagged India as an issue to mitigate the damage, asserting that Canada faced criticism for turning a blind eye to foreign interference in Canadian politics.

The statement said that the recent development targeting Indian diplomats is the next step in that direction. It is no coincidence that it takes place as Prime Minister Trudeau is to depose before a Commission on foreign interference. It also serves the anti-India separatist agenda that the Trudeau Government has constantly pandered to for narrow political gains, it added.

The MEA underlined the Trudeau government’s constant support to violent extremists and terrorists to harass, threaten and intimidate Indian diplomats in Canada, mentioning these were done in the name of freedom of speech.

The statement asserted that the Trudeau government has consciously provided space to violent extremists and terrorists to harass, threaten and intimidate Indian diplomats and community leaders in Canada, including death threats to them and to Indian leaders. All these activities have been justified in the name of freedom of speech, it mentioned.

Furthermore, the statement also claimed that some individuals who have entered Canada illegally have been fast-tracked for citizenship. It said that multiple extradition requests from the Government of India in respect of terrorists and organised crime leaders living in Canada have been disregarded.

The MEA said that High Commissioner Sanjay Kumar Verma is India’s senior most serving diplomat with a distinguished career spanning 36 years. Sanjay Kumar Verma has been Ambassador in Japan and Sudan, while also serving in Italy, Turkiye, Vietnam and China. The Ministry said that the aspersions cast on the High Commissioner by the Government of Canada are ludicrous and deserve to be treated with contempt.

The government stated that it took note of the activities of the Canadian High Commission in India, which it said served as the political agenda of the Trudeau government. It concluded that India now reserves the right to take further steps in response to these recent efforts of the Canadian Government to concoct allegations against Indian diplomats.

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