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

Bengaluru, June 2: A television anchor allegedly committed suicide after her boyfriend refused to marry her.

29-year-old Chandana V K made a selfie video before taking the extreme step, in which she blamed her boyfriend Dinesh for her decision.

The Suddaguntepalya police have taken up a case of abetment to suicide against Dinesh and his family, including his father Lokappa Gowda, mother Gayatri, sister Shyla and uncle Swamy alias Dayananda. The police have formed a team to nab the accused who are absconding.

Chandana, who used to also appear in real estate advertisements, was a resident of Krishnamurthy Layout in Tavarekere. She hailed from Belur in Hassan district.

According to a preliminary investigation, Chandana consumed poison after making the video.

In the video clip addressed to Dinesh, she says: "You said if I die, it is good for you. So, I am ending my life and you are the reason for it, Dinesh." She sent the clip to Dinesh, his parents, her parents and friends around 2.30 pm on May 28.

On seeing the video, Chandana's parents alerted her neighbours and asked them to go check on her. They took her to a private hospital where she died while undergoing treatment around 12.30 am on May 30.

In his police complaint, Chandana’s father said his daughter and Dinesh were in a relationship for the past five years. Dinesh had promised to marry her and both the families were aware of the relationship.

Dinesh had borrowed Rs 5 lakh from Chandana. But for the past few months, he began avoiding her and even refused to marry her. His family members told Chandana that they would get him married to someone else, the complaint said. The police said action would be initiated taken against Dinesh and his family.

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News Network
May 24,2020

Bengaluru, May 24: Karnataka has conducted 2.03 lakh tests across the 57 Indian Council of Medical Research (ICMR) COVID-19 testing labs till Sunday morning, said the state Minister of Medical Education Dr K Sudhakar.

He informed that the state has doubled the number of tests in just 16 days after clocking 1 lakh tests on May 8.

"After clocking 1 lakh tests on May 8, we have doubled the number of tests in just 16 days. As on this morning, we conducted 2.03 lakh tests across our 57 ICMR COVID-19 testing labs. I congratulate doctors and lab technicians on this achievement," Sudhakar tweeted.

As many as 1,743 people have been detected positive for coronavirus in the state, of which 597 have been cured and discharged and 41 have succumbed to the infection, as per the Union Health Ministry. 

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coastaldigest.com web desk
June 9,2020

Mumbai, June 9: A 45-year-old doctor posted in the 108 ambulance service at Malad railway station in Mumbai died of COVID-19 after two hospitals refused admission, in spite of the fact that he was a frontline warrior against coronavirus.

The victim is Dr Shaukat Ali, who was working with the 108 ambulance service for the last four years. A few days ago, he got his blood tests done after his health deteriorated. The result stated typhoid fever following which he started getting treatment at home in Malwani.

Ali's family ran from pillar to post to get him hospitalised in either a private or government hospital, to no avail.

"On Friday, his condition worsened and he started feeling breathless. Despite us calling the 108 ambulance service, no one picked up the call. So after waiting for a while, I and uncle's colleague, Dr Nigam, rushed him to SK Patil hospital in Malad East in an auto. But they refused us stating they were admitting only COVID-19 patients.”

“Then we took him to Desai Hospital, where doctors were initially ready to admit him but later refused stating lack of beds. They said we could take him home as his condition was fine," Zubair Shaikh, Ali's nephew said.

"But his condition worsened. So, I called Dr Nigam and we managed to admit him in Shatabdi hospital. On Sunday, when his results came out stating that he had COVID-19, doctors had already put him on a ventilator, where he passed away in the evening," he added.

Zubair further said, "Had the doctors at Desai Memorial Hospital admitted him, my uncle would have been alive today. It is a matter of great regret that a doctor, who was risking his life during this pandemic, could not get help from his own government hospitals."

Ali's wife and his two children's are in UP, while he was staying with his elder daughter who had recently appeared for HSC exams and preparing for NEET.

Comments

Please don't say such words, I personally became very sad after hearing this that Warrior like Dr. Saukat Ali passes away due to mismanagement of health organization. My condolence to him and his family. Please don't divide Hindu and Muslims in such way, not only Muslims but Hindu also died due to such reasons and one more thing here in Maharashtra, BJP is not ruling party. Thanks..

Ugly Indian
 - 
Wednesday, 10 Jun 2020

VERY VERY SAD...innna lillahi wainna yelahai rajoon.
this is the lession for all INDIAN muslim doctor as well as muslims....open your ear and listen.
this is indian not italy and now current ruling government is very very bad...they want indian to be slave.
also today you help your hindu brother but tommorow they will vote for same people BJP who is giving touble to muslim..GOD given chance to develop muslim community not our enemy,
india is divided alreday, my 20 year old hindu friend become my enemy now after NRC and CAA..
we will see where it will end. may the justice and peace prevail.

 

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