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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coastaldigest.com news network
June 2,2020

Udupi, Jun 2: As many as 150 persons tested positive for COVID-19 in Udupi district on Tuesday. This is the highest spike in COVID-19 cases in a single day in the district.

According to the district administration, all the 150 persons have travel history from Maharashtra. The number of COVID-19 cases has more than doubled when compared to June 1, when the district recorded 73 cases.

Deputy Commissioner G. Jagadeesha said here that of the 150 persons who tested positive, 120 were male and 30 female. This also included nine children aged less than 10. All these persons had been shifted to the designated hospitals for treatment.

He said that since 2,000 persons were tested in the last two days, 150 persons were found positive. Earlier, about 200 to 300 persons were being tested daily and about 10 to 15 used to be found positive. Nearly 10 % of persons coming from Mumbai/Maharashtra tested positive for COVID-19.

“We have 1,120 beds to treat COVID-19 positive cases in the district. Even after including these 150 persons, we still have 800 beds left. Hence, people need not panic. We will provide treatment for all affected persons,” Mr. Jagadeesha said.

With 150 cases on Tuesday, the total number of persons who have tested positive in the district since March has touched 410. There are 345 active cases.

As many as 63 persons who had recovered had been discharged from hospitals. There was one death due to the disease on May 14. The test reports of nearly 5,400 persons are still awaited.

The district had recorded only three COVID-19 cases from March 29 to May 14. But the number of COVID-19 cases started increasing from May 15.

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News Network
April 17,2020

Bengaluru, Apr 17: Forty-four new cases of coronavirus have been reported in the State till now, said Karnataka's Health Department on Friday.

"44 new COVID-19 cases reported in the State from 5 pm Thursday to 5 pm on Friday. The total number of positive cases in the State is 359 including 13 deaths and 88 discharges," said the Health Department.

Meanwhile, a meeting was convened to review the situation on the rising cases of coronavirus in the State. According to Karnataka Chief Minister's Office (CMO), the meeting was attended by Chief Minister BS Yediyurappa, Home Minister Basavaraja Bommai, Health Minister B Sriramulu, and Deputy Chief Minister Ashwath Narayan.

The CMO said: "Earlier we used to do 500 tests per day. Now we are doing 2,000 tests. The suggestion was made to take care of the people who are in the ICU to prevent death. It was suggested and planned to work out a protocol for the treatment of COVID-19 patients all over the state."

The meeting also stressed the need for plasma treatment. Experts opined that people having influenza-like symptoms like fever, cold, breathlessness, etc., need to get tested for COVID 19.

The CMO said: "Officers were directed to conduct tests of the people with influenza-like symptoms in the districts where nil cases have been reported. ICMR has issued circular to set up two labs in each district and one lab in each medical college. In this direction, efforts are being made to set up 10 more labs in the State by the end of April."

"It was also decided to be prepared for treating an increased number of patients after relaxing in lockdown. It was also decided to issue guidelines to companies that would start working after relaxing lockdown. It was also decided to appeal to people to download Arogya Setu App. We will meet on April 21 again to decide further course of action," added the CMO.

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News Network
March 11,2020

Bengaluru, Mar 11: The move by rebel ruling Congress MLAs in Madhya Pradesh to trigger the crisis for the party's government in the state appears to have been in the making for at least close to a month as Karnataka BJP leaders were sounded about hosting them in Bengaluru in advance, sources said.

They also indicated that the 19 rebel MLAs would stay in the city for at least two weeks till an alternative government takes charge in Madhya Pradesh.

A senior Karnataka BJP leader, in charge of the Madhya Pradesh legislators' stay in Bengaluru, received a communication from the party's central leaders about the move nearly 15-20 days ago, the sources involved in the development said on condition of anonymity on Tuesday.

The leader had even gone to New Delhi in the third week of February to meet BJP's central leaders in this regard, they said.

In a massive setback for the Congress, its prominent youth leader Jyotiradtya Scindia quit the party and in a coordinated rebellion on Tuesday 21 MLAs loyal to him resigned in Madhya Pradesh, pushing the 15-month-old Kamal Nath government to the brink of collapse.

As many as 19 Madhya Pradesh MLAs, including six ministers, said to be loyalists of Mr Scindia who appeared set to join BJP, are camping at a resort in Bengaluru. Two of them are women, the sources said.

The MLAs on Tuesday sent their resignation letters via e-mail to Raj Bhavan in Bhopal from Bengaluru.

According to the sources, eight legislators, including an independent, have been staying in the city for about a week now. Of them two - one from Congress and the other an independent MLA - had gone back.

The six were joined by 13 legislators, who landed in the city by a chartered flight on Monday, and all of them are put up in a villa.

The senior Karnataka BJP leader, also an MLA, is looking after their stay and related arrangements on the directions of the party high command, the sources said. Their stay here may be for a couple of weeks.

"There will be a no-confidence motion, and then there will be a trust vote of the new alternative government that will be formed. So they may have to stay here for some time. They may be moved out of their current location," they said.

The Madhya Pradesh legislature session is expected to begin on March 16.

The sources also said the six legislators staying in the city since last week were shifted a couple of times within the city.

Congress in Madhya Pradesh, under the leadership of Kamal Nath, had come to power in December 2018 by ousting the BJP by a narrow margin.

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