Patriarchy & Paternalism Underpinnings Of Section 497 IPC : Justice Chandrachud In Adultery Judgment [ Read Judgment]

The realities of human existence are too complex to place them in closed categories of right and wrong and to subject all that is considered wrong with the sanctions of penal law, observed Justice Chandrachud. The judgment of Justice Chandrachud in Joseph Shine v Union of India which decriminalized adultery is built upon the themes of 'constitutional morality', 'individual...

Section 497 Was Never Intended To Preserve ‘Sanctity Of Marriage’; It Demeans Or Degrades The Status Of A Woman By Likening Her To A Chattel: Justice RF Nariman [Read Judgment]

“What is clear, therefore, is that this archaic law has long outlived its purpose and does not square with today‘s constitutional morality, in that the very object with which it was made has since become manifestly arbitrary, having lost its rationale long ago and having become in today‘s day and age, utterly irrational.”Justice Rohinton Fali Nariman, in his concurring judgment in...

There Cannot Be Patriarchal Monarchy Over Daughter Or Husband’s Monarchy Over Wife: CJI Misra In Adultery Judgment [Read Judgment]

The Supreme Court on Thursday struck down as unconstitutional, 158-year-old Section 497 of the Indian Penal Code, which criminalizes adultery.The five-Judge Bench comprising Chief Justice of India Dipak Misra and Justices R F Nariman, AM Khanwilkar, DY Chandrachud, and Indu Malhotra also declared as unconstitutional Section 198 of the Criminal Procedure Code, which deals with the procedure...

Breaking: Observations In Ismail Faruqui Need To Be Viewed In Context Of Land Acquisition Proceedings; Not Relevant In Ayodhya Title Dispute: SC [Read Judgment]

The Supreme Court on Thursday, by a 2:1 majority, refused to refer the Ayodhya-Ram Janmabhoomi land dispute case to a larger bench. While the majority judgment was authored by Justice Ashok Bhushan, for himself and Chief Justice of India Dipak Misra, Justice S. Abdul Nazeer delivered the dissenting opinion.The majority judgment clarified that the observations made in the Dr. M. Ismail...

Justice Chandrachud Does It Again, Overrules His Father's 33 Year Old Judgment On Adultery Law [Read Judgment]

Like father, unlike son!Justice D Y Chandrachud has done it again. While striking down criminalisation of adultery under Section 497 of IPC as unconstitutional, he has overruled his father's judgment which had upheld the section.In 1985, a judgment authored by Justice Yeshwant Vishnu Chandrachud, father of Justice Dhananjaya Chandrachud, in Sowmithri Vishnu vs.Union of India had upheld...

'Husband Is Not The Master Of Wife', SC Strikes Down 158 Year Old Adultery Law Under Section 497 IPC [Read Judgment]

The Supreme Court has struck down 158 year old Section 497 of the Indian Penal Code, which criminalizes adultery, as unconstitutional."Any provision of law affecting individual dignity and equality of women invites wrath of  constitution. It's time to say that husband is not the master of wife. Legal soverignity of one sex over other sex is wrong", read out Chief Justice Misra from the...

Sec. 17 Limitation Act Can’t Be Invoked To Condone Delay In Filing Application To Set Aside Arbitration Award: SC [Read Judgment]

‘If Section 17 were to be applied, an Award can be challenged even after 120 days. This would defeat the Arbitration Act’s objective of speedy resolution of dispute.’The Supreme Court has held that Section 17 of the Limitation Act cannot be invoked to condone the delay in preferring application to set aside the arbitration award.In P Radha Bai vs. P Ashok Kumar, the bench comprising...

Aadhaar Authentication Data Not To Be Kept Beyond 6 Months, Bring Out Robust Data Protection Regime: SC Directs UIDAI/GOI

Although the Supreme Court has upheld the Aadhaar programme and many provisions of the Aadhaar Act, the reading of the judgment delivered by Justice AK Sikri would show that all is not well with the Aadhaar.The court, in order to address the apprehensions expressed in the petitions challenging the Aadhaar Act, has issued the following directives to UIDAI and Central Government:...

Foreign Company Has Source Code of Aadhaar Project; It Has Access To Citizens' Information : Certain Worrying Findings By Justice Chandrachud

The impact of Facebook-Camridge Analytica incident also reverberated in the judgment as Justice Chandrachud acknowledged that profiling of individual preferences could also be used to influence the decision making of the electorate in choosing candidates for electoral offices.Though the majority of Supreme Court Constitution Bench has upheld the validity of Aadhaar project, certain findings...

Stay Of Conviction By Appellate Court Will Remove The Disqualification Of Mps And MLAs U/S 8 Of RP Act: SC [Read Judgment]

The Supreme Court on Wednesday affirmed that once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the Cr. P. C., the disqualification under sub-sections 1, 2 and 3 of Section 8 of the Representation of the People’s Act, 1951 will not operate.The judgment was rendered by the bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A....

[Ayodhya] SC Judgment Tomorrow On 'Whether The Ismail Faruqui Judgment Requires Re-consideration By A Larger Bench'

The Supreme Court will pronounce the order Tomorrow on the question whether it’s 1994 ruling in Ismail Faruqui Vs Union of India requires reconsideration by a larger bench.The bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer reserved the order on July 20 on a string of appeals against the 2010 verdict of the Allahabad High Court in the Ram...

Breaking: SC To Pronounce Judgment On Petitions Seeking Decriminalisation Of Adultery Tomorrow

A five-Judge Constitution Bench of the Supreme Court is set to pronounce the judgment on the validity of Section 497 of the Indian Penal Code, which criminalises adultery, tomorrow.The petitions before the court assert that the exemption of women from punishment for adultery is a patriarchal baggage which treats women as ‘chattel’ having no agency. Further, they point out that the...