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
May 13,2020

Mangaluru, May 13: Coastal district of Dakshina Kannada today reported a fresh covid-19 positive case. According to sources, this case also linked to Manglauru’s First Neuro Hospital, which has emerged as the corona hub of coastal Karnataka.

Health and Family Welfare department in its today’s bulletin revealed that a 38-year-old woman from Darandabagilu near Someshwara in Mangaluru taluk of Dakshina Kannada was tested coronavirus positive.

It is said that the woman was in touch with P-507, an octogenarian, who was being treated for neurological issues at First Neuro Hospital.

With this the total number of coronavirus positive cases reported in Dakshina Kannada rose to 34. Among them only 26 are residents of Dakshina Kannada. Four are from Kasaragod, three from Udupi and one from Bhatkal.

Among 34, currently there only 17 active cases. The condition of two among them is said to be critical.

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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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News Network
June 30,2020

Bengaluru, Jun 30: The judicial, non-judicial and administrative functions of the Karnataka High Court has been suspended for Tuesday, for sanitisation of the entire court complex due to "unavoidable circumstances".

The High Court in a notice informed about the decision on Monday.

"It is hereby notified to the litigant public/learned advocates/party-in-person/officers and staff of the High Court of Karnataka, Principal Bench, Bengaluru that, the judicial/non-judicial/administrative functions of the High Court is hereby suspended for one day -- on June 30, 2020, for sanitisation of entire High Court complex, due to unavoidable circumstances," the notice read.

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