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
April 24,2020

Bengaluru, Apr 24: The Karnataka Health Department is likely to shift the 119 accused in Padarayanapura violence to Bengaluru's Haj Bhavan from Ramnagar Jail.

This comes after two accused out of 121, who were shifted to Ramnagar jail, tested positive for coronavirus. They have been shifted to Victoria Hospital.

A ruckus erupted in Padarayanapura on Sunday allegedly over the shifting of 15 secondary contacts of corona positive patients to a quarantine facility by the Bruhat Bengaluru Mahanagara Palike (BBMP) officials.

Padarayanapura is recognised as a 'red zone'. When BBMP officials went to shift the suspected COVID-19 patients, some people created a ruckus, broke a barricade and removed the police post in the area.

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News Network
April 29,2020

Kasaragod, Apr 29: Kasaragod's General Hospital on Tuesday discharged the last of its 89 COVID-19 patients, who were admitted since the outbreak of the disease last month.

The patient discharged on Tuesday is a native of Anankur in Kerala. He was under treatment for 27 days following his return from Dubai. He was given a warm send-off at 12 noon by the doctors and hospital staff.

Of the 175 positive cases in Kasaragod district, only 12 are under treatment in other hospitals in the district now. Of them, seven had come from the Gulf and the remaining five were those in contact with them.

During a press meet, Chief Minister Pinarayi Vijayan, while referring the Kasaragod General Hospital's success story, congratulated the doctors, nurses and medical staff for the achievement.

According to Health Department, in spite of treating the highest number of COVID-19 patients in the state with meagre infrastructural facilities and even without the support of a medical college in the district, there have been no deaths.

According to the district administration, Kasaragod has conducted 4,112 tests so far, out of which 3,104 tested negative and the results of 833 are awaited.

The team of doctors, nurses and other staff numbering 250 is led by Dr Rajaram K Kandiyil, Superintendent of the Kasaragod General Hospital.

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News Network
July 19,2020

Bengaluru, Jul 19: The Karnataka Deputy Chief Minister C N Ashwathnarayan on Saturday inspected the country's first modular Intensive Care Unit (ICU) containers.

A notice from the Chief Minister's Office (CMO) said that the new mobile modular container ICUs, which will be used in the fight against the ongoing COVID-19 pandemic, have been created by Rinac India Limited, known for setting up sanitised operation theatres and clean rooms in hospitals.

On a pilot basis, the Deputy CM, who is also in charge of setting up COVID-care centres, said that 10 modular container ICUs will be deployed at the KC General Hospital in Malleshwaram. Each of the containers will have five beds.

Deputy CM Ashwathnarayan also said, "These mobile ICUs donated by Rinac will be useful, particularly in times of a crisis like COVID 19 or any natural calamity."

"The entry of health officials will be through an airlock, and entry of patients will be through a different door. There will be two doors for patients and can be increased if need. ICUs are fitted with cameras to monitor online from a centralized monitoring station, thereby limiting the exposure of the health personnel," the CMO informed.

The CMO further added, "the advantages of this new system are that the prefabricated modules of 5 can be shifted to any location by trailers and it is easy to deploy multiple containers to create a common facility. They are easy to clean and the airtight functionality ensures that no moisture or heat ingression happens, hence, it is easy to air-condition or ventilate."

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