Global

Adultery Is No Longer a Crime in India After Another Landmark Ruling

Adultery Is No Longer a Crime in India After Another Landmark Ruling

Under the 158-year-old adultery law, known as section 479, a man could be imprisoned for up to five years for engaging in sexual relations with a married woman without the consent of her husband.

The rights group Amnesty International India said the decision was "a progressive judgment" and the old law was a "remnant of a time when a woman was considered to be the property of her husband". If this (decriminalisation of adultery) is right, then what is the sanctity of marriage?

In Pakistan, it is punishable by up to 25 years in prison while in Bangladesh - both formerly part of British India - men, but not women, can be jailed for five years.

Justice Indu Malhotra, the lone woman judge on the Bench also termed Section 497 as unconstitutional.

"Any provision of law affecting individual dignity and equality of women invites wrath of constitution".

With the Chief Justice observing that the survival of a marriage should be left to the discretion of the husband and the wife, without any intrusion by the State, the judgment was reserved on August 8.

Kavita Krishnan, Secretary, All India Progressive Women's Association (AIPWA) and a CPI (ML) Polit Bureau member said decriminalising adultery is welcome and was long overdue.

Adultery is not a criminal offence in China, Japan and in many western countries, Misra pointed out.

LA Clippers are wise to not get involved with Butler’s high price
Thibodeau recently indicated the Timberwolves do indeed intend to trade Butler , "but we're not going to do a bad deal". Sources: Miami has been the most engaged team with Minnesota on a Jimmy Butler trade.

CJI Dipak Misra said adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage.

Section 497 was seen as contradictory to Article 14 and 21 of the Indian Constitution. Punishing each other or the wife's lover is unlikely to re-kindle commitment, the judgment said.

Sep 27: SC holds Section 497 of the Indian Penal Code as unconstitutional and strikes down the penal provision. "Adultery can be grounds for dissolution of marriage", ANI quoted the chief justice as saying. She further added that Section 497 is based on the Doctrine of Coverture, which holds that a woman loses her identity and legal right with marriage.

The Legislature has imposed a condition on sexuality of women by making adultery as offence, he said.

A petitioner had challenged the law saying it was arbitrary and discriminated against men and women. Why should the woman take more load than the man? "However, that does not save the provision as being manifestly arbitrary", it said and added that "the rationale of the provision suffers from the absence of logicality of approach".

The petition was brought by Kerala native Joseph Shine, who had urged the top court to re-examine the validity of section 497 owing to its implied gender bias.

The arguments given in favour of criminalising adultery revolve around the "sanctity" of marriage.

"Treating adultery an offence, we are disposed to think, would tantamount to the State entering into a real private realm".


  • 'Didn't expect that reaction': Trump gets laughs during UN speech

    Watch Bolton's full comments above, via Fox News. "The missiles and rockets are no longer flying in every direction", he said . The president arrived significantly behind schedule for his speech, forcing organizers to change the order of speakers.
    Solo yacht racer injured and adrift

    Solo yacht racer injured and adrift

    The yacht was in Australia's search and rescue zone, 3500km southwest of Perth and 3000km southeast of the French island Reunion. Most of the 11 competitors still in the race were further north and avoided the worst of the storm, organisers said.
    Trump slams OPEC urging oil cartel to

    Trump slams OPEC urging oil cartel to "get prices down now"

    He also announced that the Persian nation will decline its attendance to an OPEC meeting scheduled for this weekend in Algiers, Algeria.
  • Carolina Panthers Sign Free Agent Eric Reid

    Carolina Panthers Sign Free Agent Eric Reid

    The NFL Players Association, which supported Reid's grievance against the league, sent its congratulations to Reid. The younger Reid said he wants to stay focused on football and helping the Texans win their first game.
    U.S.' Mattis looks for 'way ahead' after China scraps military talks

    U.S.' Mattis looks for 'way ahead' after China scraps military talks

    Beijing sees Taiwan as part of its territory awaiting unification, and is deeply suspicious of the island's relations with the US. In Beijing, Foreign Ministry spokesman Geng Shuang did not directly answer a question on whether China had denied the request.
    Risk of severe thunderstorms this afternoon/evening across Chicago area

    Risk of severe thunderstorms this afternoon/evening across Chicago area

    The timing of these storms is a good thing, as their arrival earlier in the day should spare us from widespread severe weather. Skies are sunny with increasing cloudiness early in the afternoon then 60 per cent chance of showers late in the afternoon.
  • Netanyahu: IDF to continue anti-Iran strikes in Syria, despite S-300

    Netanyahu: IDF to continue anti-Iran strikes in Syria, despite S-300

    This move is in response to a Syrian missile inadvertently shooting down a Russian plane last week , killing 15 Russians on board. This will allow integration of Syrian and Russian military assets, allowing the Syrian to have better targeting information.

    Jose Mourinho tells Paul Pogba he will never captain Man Utd again

    Many fans are now calling for Anthony Martial to be given a start in the league, and who can blame them? When you play, you do the best that you can, and when you speak, you have to be careful what you say.
    Chelsea - Premier League - 23 September 2018

    Chelsea - Premier League - 23 September 2018

    Chelsea has dominated Premier League competition through five matches, holding a 5-0 record with a plus-10 goal differential. It's a little early for us. "We need to improve and then maybe in one year we will be at the same level as Liverpool ".
  • Rod Rosenstein’s fate is just a matter of time

    Rod Rosenstein’s fate is just a matter of time

    Others suggested restraint while checking whether the report was correct or if it was planted by some adversary. Rosenstein, you may recall, was the one who wrote the memo criticizing then-FBI Director James B.
    Trump says Dems using 'con game' to sink Kavanaugh court bid

    Trump says Dems using 'con game' to sink Kavanaugh court bid

    She said they were playing a drinking game at the time and admits there are gaps in her memory of that night. Ford also wrote that she has hired security and has spent a "considerable time managing death threats".
    Wolves, KAT agree to super-max extension

    Wolves, KAT agree to super-max extension

    The addition of Butler would also increase New York's chances of bringing another star, most notably Kyrie Irving , to NY . So it made financial sense for Towns to sign the maximum extension, which has been on the table for weeks.