Women can't be treated as cattle: Supreme Court strikes down adultery law

28 September, 2018, 00:29 | Author: Essie Rivera
  • Adultery no longer a crime Supreme Court

The ruling jettisoning the 158-year-old colonial-era law means adultery is no longer a crime in India, the BBC reports.

While reserving the verdict, a five-bench constitution bench comprising Chief Justice Dipak Misra, Justice Rohinton Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra had on August 8 questioned Central government's stand. The Section 497 exempted the wife from punishment and stated that the wife should not be even treated as an abettor. The court said adultery can be a ground for civil wrong, a ground for divorce but not a criminal offence.

In Indonesia's ultraconservative Islamic Aceh province, men and women found guilty of adultery can be whipped 100 times with a cane in public.

During the hearing, the SC had observed, "Prima facie, on a perusal of Section 497 of the Indian Penal Code, we find that it grants relief to the wife by treating her as a victim". Why should the woman take more load than the man?

Referring to the inconsistencies in the penal provision, the bench posed that the burden of maintaining the sanctity of marriage rested only with the woman and not the husband. But that case, which was to have been filed by the lover's wife, is no longer valid with the court decriminalising adultery. Further, it also created an arbitrary classification between married and unmarried women, thereby violating the fundamental right to equality under Article 14 of the Constitution of India.

In simple words, adultery is defined as a person having sex with a man's wife without taking prior consent from the husband.

Michael Kors to take control of Italy's Versace
Versace had revenue of €686m euros and returned to profit in 2017, according to figures provided by the company. Donatella herself owns 30 percent of the holding, with the remainder in the hands of her brother Santo.

Luka Modric dedicates FIFA Best Player Award to 'everyone who loves football'
The 33-year-old is the the first player outside of Ronaldo and Lionel Messi to win the prize since 2008. Belgian Thibaut Courtois , a recent Real Madrid transfer from Chelsea , won the best goalkeeper award.

This Is My Plan For Diogo Dalot - Jose Mourinho
The Chile global is yet to score in four games this season and has managed just three in 22 games since arriving from Arsenal . "I am optimistic, but it will be a hard season, yes", he said.

Representing the Centre, additional solicitor general Pinky Anand said marriages in India were not an exclusive affair; they involved families of both the parties and the society at large, hence the State becomes involved.

The verdict came on a plea filed by Joseph Shine, an Indian citizen working overseas, who challenged the constitutional validity of Section 497 that penalised only a husband for committing adultery. This judgment, passed by a bench of five judges, struck down the section 497 of Indian Penal Code, 1860 along with section 198 of Cr.P.C.as unconstitutional, thereby decriminalizing the offence of adultery.

"Married women are not a special case for the goal of prosecution for adultery". The Supreme Court held that Section 377 of IPC was a weapon to harass members of LGBTQ-plus community resulting in discrimination against them.

Earlier only a Christian man could file for divorce on the grounds of adultery.

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".

The son had done it in August a year ago too when he had over-ruled another of his father's judgment while delivering the verdict on the issue of privacy.

Recommended:

  • I have no problem with Pogba - Jose Mourinho

    I have no problem with Pogba - Jose Mourinho

    Or other players? But in terms of this, I don't know if Pogba is worth the hassle for what he gives on the pitch. I think Jose has problems come the end of the season.
    Tiger Woods leads Tour Championship by 3 after third-round 65

    Tiger Woods leads Tour Championship by 3 after third-round 65

    And having won 106 tournaments around the globe, Woods was quizzed if there was any further room for a 107th victory prize. Woods has the 54-hole lead for the first time since his last victory in 2013 at the Bridgestone Invitational.
    GOP pushing forward for Kavanaugh, accuser wants 'fairness'

    GOP pushing forward for Kavanaugh, accuser wants 'fairness'

    Ford has demanded that the hearing be scheduled for Thursday, which the source said is still among the things under negotiation. Ford was reluctantly thrust into the public spotlight only two days ago", Ford's attorney said in a statement Wednesday.
  • Second woman accuses Brett Kavanaugh, Trump's Supreme Court pick

    All three told investigators that they had no recollection of the evening in question, the committee said. Mr Grassley turned down Ms Ford's request that only senators, not lawyers, be allowed to ask questions.
    Trump tariffs: Higher prices possible for these products

    Trump tariffs: Higher prices possible for these products

    A report published Monday by the Chinese government accused the United States of abandoning fundamental norms of global relations. The toughly worded report said Beijing wants a "reasonable solution" but gave no indication of possible concessions.
    Julia Louis-Dreyfus signs letter supporting Kavanaugh accuser Christine Blasey Ford

    Julia Louis-Dreyfus signs letter supporting Kavanaugh accuser Christine Blasey Ford

    Jeff Flake of Arizona, a Judiciary Committee member who has clashed bitterly with Trump and is retiring from the Senate . Sharon Crouch Clark didn't know Ford and feels fine about having signed the letter, notwithstanding the allegation.
  • Mattis dismisses Iran revenge threat, says US  not in attack

    Mattis dismisses Iran revenge threat, says US not in attack

    The Ahvaziya is an Iranian ethnic Arab separatist organisation and considered a terror organisation by the Iranian government. It comes amid fears oil prices could hit an eye-watering $100 per barrel as United States sanctions against Iran begin.
    Kenya: Alexis Sanchez blasted for poor performance | The Standard - Kenya

    Kenya: Alexis Sanchez blasted for poor performance | The Standard - Kenya

    Speaking at his post-match news conference, Mourinho said: "I expect my team to make a better game than we did". Manchester United midfielder Paul Pogba has backed Alexis Sanchez to rediscover his best form.
    Klopp: There's no Salah crisis

    Klopp: There's no Salah crisis

    Manolo Gabbiadini will also be absent as a lower hamstring injury will keep him out of the sixth Premier League gameweek. Salah scored 44 times last season. "They are in good shape.
  • Walmart warns Trump that new China tariffs could mean price hikes

    Walmart warns Trump that new China tariffs could mean price hikes

    Yet, unless you're importing these goods or in one of these businesses, you probably haven't felt the effects of these tariffs. The US trading relationship with China has been the most fraught, and has escalated dramatically in the past week.

    Jimmy Butler Prefers Clippers For Trade, Downplays Fractured Relationship With Towns

    There have also been questions about Butler's relationship with younger teammates Andrew Wiggins and Karl-Anthony Towns. But it appears as though the 29-year-old couldn't agree to playing in Minnesota for one more season.
    Serena Williams doubles down on US Open defence

    Serena Williams doubles down on US Open defence

    The entire exchange led to an awkward moment in Queens as fans boo'd non-stop after Osaka's historic win. Yes, what she did is clearly against the rules, which call for a code violation to be assessed.


Popular

Kavanaugh Defends Himself, Says He Was a Virgin in High School
He said he "did not have sexual intercourse or anything close to sexual intercourse in high school or for many years thereafter". One Democrat is heading to the federal court in an attempt to stop the appointment of Brett Kavanaugh to the U.S.

Trump defends court nominee - 'I am with him all the way'
The one witness whom Ford said was in the room when the alleged misconduct took place ( Mark Judge ) denies it happened. Since then, her lawyers and committee staff have been negotiating the conditions of her testimony.

Cosby accusers say they hope he is sentenced to jail time
According to NBC News , "Cosby's lawyers opposed the request for additional accusers to testify at the sentencing hearing". State sentencing guidelines, which are not mandatory, recommend a sentence between two and four years, Chanenson said.

Tim Cook defends pricing of new iPhones, says it's worth the money
Apple has an October surprise planned: Another new model, called the iPhone XR is coming Oct. 26 for $750. The iPhone Xs and Xs Max pack 4GB of RAM, meanwhile the lower-end iPhone XR has 3GB of RAM to work with.

Bloomberg Reports Coca-Cola is Considering Cannabis Infused Beverages
Coca-Cola would not be the first multi-national to partner with a cannabis company if it links up with Aurora. Company-drinks manufacturer Coca-Cola intends to manufacture products with the substance in marijuana.

Mike Zimmer gives ruthless answer on Daniel Carlson cut
Bailey made 91.2 percent of his kicks in indoor/domed stadiums and has never missed a point after attempt in 145 tries at home. To make room on the roster, the Vikings also waived wide receiver Stacy Coley.

Trump promises post-market announcement as China tariff reports swirl
The Journal report quoted one senior Chinese advisory official saying China would not negotiate "with a gun pointed to its head". The US is imposing new tariffs on $200bn (£150bn) worth of Chinese goods as it escalates its trade war with Beijing.

Jurgen Klopp wants forwards to keep going for goal
Liverpool return to action tomorrow night when they take on French champions Paris St-Germain in their Champions League opener.

Cleveland Browns lose again after Zane Gonzalez misses crucial kicks
One Twitter user wanted the non-kicker to keep his professional options open: 'We'll keep the jersey warm, Zane. Gonzalez, a seventh-round draft pick in 2017, struggled in two games this season.

PAOK vs Chelsea: Sarri reveals Hazard, others may not play
Chelsea have enjoyed a flawless start to life under Maurizio Sarri , winning their opening five league matches, and are now atop of the table.