Adultery no more a crime; husband is not the master of his wife: Supreme Court

News Network
September 27, 2018

New Delhi, Sept 27: In a historic judgement, the Supreme Court of India on Thursday struck down Section 497 of the Indian Penal Code that made adultery a criminal offence.

A five-judge Constitution bench of the Supreme Court comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was unanimous in its judgement that held Section 497 as unconstitutional. While holding that adultery is manifestly arbitrary, the court said the act can be a ground for divorce and a person will have civil remedies for it.

The CJI and Justice Khanwilkar said, "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Reading out his part of the judgement, CJI Misra, who retires early next month, said mere adultery cannot be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the Indian Penal Code.

Adultery law verdict - Highlights

“Equality is the governing principle of a system. Husband is not the master of the wife,” the CJI said, adding “the magnificent beauty of the democracy is I, you and we”.

The Chief Justice noted that an unhappy marriage might not be a result of adultery but vice versa. He pointed out that adultery is not a criminal offence in countries like China, Japan and Australia.

Justice Indu Malhotra described Section 497 as “a clear violation of fundamental rights granted in the Constitution”. There is no justification for the continuation of Section 497 of IPC, she concurred.

Justice Chandrachud, on his part, said Section 497 is denial of substance of equality as it imposes “a condition on the sexuality of women by making adultery as an offence.” He held the law as a “relic of the past”.

Justice RF Nariman, meanwhile, termed Section 497 dealing with adultery as an archaic law. He concurred with the CJI and Justice Khanwilkar, describing the penal provision under the law as violative of the rights to equality and equal opportunity to women.

Section 497 of the IPC read: "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."

Comments

sam
 - 
Thursday, 27 Sep 2018

Ohhh....whats going on in india under name of democracy....

Ramprasad
 - 
Thursday, 27 Sep 2018

Strange. SC promoting adultery

Unknown
 - 
Thursday, 27 Sep 2018

Soon rape will be legalised.. 

Kumar
 - 
Thursday, 27 Sep 2018

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US. 

Danish
 - 
Thursday, 27 Sep 2018

Rubbish. What is the point in marriage

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News Network
March 19,2020

New Delhi, Mar 19: Senior Congress leader Oscar Fernandes on Wednesday extolled the virtues of 'gaumutra' and shared an anecdote about a man claiming to have cured his cancer by drinking cow urine to drive his point home.

Participating in a debate in Rajya Sabha on two bills for setting up national commissions for homoeopathy and Indian systems of medicine, the former Union minister said, "My extreme friend Jairam Ramesh pulls my leg, when I talk of 'gaumutra'."

Sharing an anecdote, Fernandes said once during a visit to an ashram near Meerut he had met a person who claimed to have cured his cancer by drinking 'gaumutra'.

Many BJP leaders have earlier spoken about the healing power of 'gaumutra'. The Congress has reacted sharply to such remarks.

He also praised the virtues of the Indian systems of medicine. He said when he had severe pain in knee joint and doctors had suggested for replacement surgery. However, he refused and started doing 'Vajrasana'.

"I started Vajrasana, practising yoga, and today I am able to do wrestling without any difficulty," the septuagenarian leader said.

"When (former) prime minister (Atal Bihari) Vajypee ji had a knee surgery, I thought if I had known him earlier, I would have definitely gone to him and ask him to follow 'Vajrasan' and it could have been cured," he said.

He also claimed to have met a person in US aged around 104 years and moving swiftly as a young man.

"Yoga is our wealth. If you practise yoga, may be our budget cost of health can be reduced by 50 per cent. It's way of life," he said.

"Our own Indian systems of medicine will provide a lot of reliefs even before going to a doctor," he said.

Though Fernandes supported the bills but raised objection over the exclusion of yoga and naturopathy.

"I would urge the minister either to amend the bill or bring an assurance that it will bring a separate legislation to cover yoga and naturopathy," he said.

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News Network
July 10,2020

Bengaluru, Jul 10: Former Karnataka Chief Minister and Congress leader Siddaramaiah on Thursday condemned the decision of the HRD Ministry to drop chapters on citizenship, secularism and federalism from Class 11 political science syllabus, stating that this will "deprive a generation of students from understanding the important pillars of Indian democracy".

"I strongly condemn the decision of @HRDMinistry to drop chapters on citizenship, secularism and federalism. This will deprive a generation of students from understanding the important pillars of Indian democracy. #Stop Saffronisation Of Education," Siddaramaiah tweeted.

The Congress leader further alleged that BJP does not believe in the principles of citizenship, secularism and federalism.

"Chapters on citizenship, secularism and federalism are dropped from Class 11 Pol Science. syllabus. Does this explain something? Yes, it explains that @BJP4India doesn't believe in these principles and validates its past behaviour," he said in another tweet.

Earlier in the day, Union Human Resource Development (HRD) Minister Ramesh Pokhriyal Nishank rejected criticism over alleged conspiracy in CBSE's decision to reduce the syllabus of schools due to COVID-19 outbreak and urged the critics to "leave politics out of education".

"There has been a lot of uninformed commentary on the exclusion of some topics from #CBSESyllabus. The problem with these comments is that they resort to sensationalism by connecting topics selectively to portray a false narrative," the Union Minister tweeted.

"It is our humble request:#Education is our sacred duty towards our children. Let us leave politics out of education and make our politics more educated," he added.

The CBSE has revised the syllabus for the classes IX to XII during the academic session 2020-21 in the wake of the situation created by COVID-19.

In a circular issued to all the heads of the institutions affiliated to it, the CBSE had said that the revision of syllabi has been done due to the extraordinary situation prevailing in the country and different parts of the world.

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News Network
May 11,2020

Bengaluru, May 11: As many as 343 Indians returned to Bengaluru from London by a special Air India flight on the fifth day of 'Vande Bharat Mission' on Monday. They arrived at the Kempegowda international airport at 4.40 am.

All passengers were found to be asymptomatic on arrival except one 27-year-old woman who had had an incomplete abortion and had vomiting on arrival. She has been shifted to KC General Hospital in Malleshwaram.

Dr Prabhu Dev Gowda, an officer on duty for COVID-19 screening at Kempegowda International Airport, said, "A 27-year-old woman has had an incomplete abortion of her three-month-old foetus before taking the flight from London. She was vomiting on arrival. She was shifted to Aster CMI Hospital for emergency care.”

“Thereafter, she and her husband were shifted to KC General Hospital in Malleshwaram. They will be in isolation there. Since there is nobody to look after her, we have to let the husband accompany her to the hospital where they will be in quarantine."

The patient was famished and was provided a few idlis on arrival, he added.

After she recovers at the hospital, the couple will be shifted to a hotel. As per protocol, their throat swabs were taken for COVID-19 testing too. All passengers whether symptomatic or not are being tested for COVID-19.

Dr Manjula Devi, District Health Officer, Bengaluru Rural district said that all passengers were found to be asymptomatic on arrival except this woman who is being treated as a non-COVID-19 emergency.

Ajith Rai, Devanahalli Tehsildar told DH, "All passengers have chosen to go to hotels over government hostels. We're yet to tabulate how many have chosen budget hotels, three-star and five-star hotels. Twenty of them are still here. The process is on."

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