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
May 11,2020

Bengaluru, May 11: Janata Dal (Secular) leader HD Kumaraswamy on Monday asked Chief Minister BS Yediyurappa to urge PM Narendra Modi to give a 'COVID Package' to Karnataka.

In a series of tweets, Kumaraswamy said that Yediyurappa should raise the demand during the course of the meeting scheduled to be held today with the PM, which will also be attended by Chief Ministers of other states.

"Prime Minister Narendra Modi will hold talks with CMs from different states on coronavirus control and lockdown today. The state's CM BS Yediyurappa will also be in it. At this meeting, BSY should urge Modi to offer a 'COVID Package' to the state," Kumaraswamy's tweet, roughly translated in English from Kannada, read.

In subsequent tweets, the JDS leader said that, "The central government has set up a PM Cares Fund for the fight against Corona. As MPs, entrepreneurs and citizens have made generous donations. BSY must convince Modi that the state has not received adequate financial support from the Center so far."

He further said that the package could be utilised for "medical procedures", "financial compensation for the affected people."

Kumaraswamy also said that "In addition to the 'COVID Package', other dues from the Center, including GST dues, flood relief, etc should also be asked for by BS Yediyurappa at the meeting with Modi."

PM Narendra Modi will hold a meeting, through video conference, with state Chief Ministers on Monday at 3 pm to discuss the prevailing COVID-19 situation in the country.

The Prime Minister had earlier interacted with Chief Ministers four times over the COVID-19 situation via video conferencing.

The upcoming interaction comes days ahead of the scheduled ending of the nationwide lockdown.

The ongoing lockdown, which was imposed to contain the spread of coronavirus, is scheduled to end on May 17.

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News Network
June 21,2020

Mangaluru, June 21: A local court has held notorious serial killer Cyanide Mohan Kumar guilty in the murder of a 25-year-old woman from Kasargod. This is the 20th and the last case of Cyanide Mohan to be tried in the sixth additional district and sessions court. 

According to public prosecutor Jayarama Shetty, the victim was working as a cook in a ladies hostel and got in touch with Mohan Kumar, a teacher. He visited her house thrice and promised to marry her. On July 8, 2009, on the pretext of visiting a temple in Sullia, she left home, never to return. 

They had travelled to Bengaluru and three days later, when her family tried to reach her on phone, he told them that she had gone for a bath and that they were married and would be returning back home soon.

The next day Ramakrishna, a constable from Upparpete police station, found a lady lying unconscious outside the bathroom and he immediately rushed her to a local hospital, where she was declared dead on arrival. Like in all other cases, after staying in a lodge and having sex with the victim, he took her to the KSRTC bus stand and asked her to consume a cyanide laced tablet, stating it was a contraceptive pill. 

He asked her to leave behind the jewellery that she was wearing at the hotel room. An unnatural death report was registered and since none of her relatives had turned up for identification of the body, on July 15,2009 the body was buried.

The moment the Dakshina Kannada district police arrested the serial killer on October 21, 2009 and his pictures were all over the media, the family recognised him and the victim’s younger sister filed a missing complaint. The police had also recovered the victim’s jewellery from the house of Mohan’s second wife and the jeweller from whom he had purchased cyanide had also identified him. Meanwhile, the CID had taken over the case and a charge sheet was filed.

"The report from the Forensic Science Laboratory is crucial in this case as cyanide was found in the victim’s viscera. Mohan over the years has become a legal expert and in this case, he had sought two adjournments," said Jayaram Shetty. Mohan is currently lodged in the Hindalga central jail.
 

Comments

AJIT KUMAR
 - 
Sunday, 21 Jun 2020

shame to keep this man  alive for so many criminal cases, shoot him or hang him immideatly

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coastaldigest.com news network
April 22,2020

Newsroom, Apr 22: Dozens of Tablighi Jamaat members from across the country who have been successfully recovered and have now tested negative for the novel coronavirus have come forward and donate their plasma for the treatment of Covid-19 patients.

The Tablighis from Tamil Nadu were the first to take this decision. According to them, apart from helping the critically ill patients to recover from COVID-19, was to counter the ‘baseless accusations’ that Tablighis were responsible for the spread of the virus following the religious congregation of the sect held at Delhi’s Nizamuddin area last month.

Mohammad Abbas, a thirty-eight year old businessman from Tiruppur was on Sunday discharged from Coimbatore’s ESI hospital. “As soon as I got discharged, I met the district administration officials and the dean of the hospital and told them that they may contact me anytime if they needed me to donate my plasma,” Abbas was quoted as saying by an English daily.

“It has only been one day since I was discharged but I’ve already spoken to others (from the Jamaat) who have recovered and they were all ready to donate,” he added. 

Leader's call

Maulana Saad Kandhalvi, a prominent leader of Tablighi Jamaat, who has been booked by the Delhi Police for holding a religious congregation, too has appealed to coronavirus survivors to donate blood plasma for infected people.

In a letter issued on Tuesday, Saad said most of the members who were quarantined did not have any infection and they tested negative for COVID-19.

"Even from amongst the ones who tested positive for the disease, a majority of them have now undergone treatment and are now cured while I and a few others are still under quarantine.

"It is required that such people who are now cured of this disease should donate blood plasma to others who are still fighting the disease and are under treatment," he said.

He also has urged the followers of the organisation to pray at home in the month of Ramadan instead of going to mosques. 

Plasma therapy

Convalescent Plasma Therapy is an experimental procedure for COVID-19 patients.

In this therapy, the antibodies of a person who has recovered from the virus are taken and transfused into a sick person (having the virus) to help boost the person’s immune system.

The recovered COVID-19 patient’s blood develops antibodies to battle against COVID-19.

Once the blood of the first patient is infused to the second patient, those antibodies will start fighting against the coronavirus in the second person.

The process for donating plasma is similar to donating blood and takes about an hour.

Several countries around the world including the United Kingdom and the United States have also started plasma therapy trials.

In India, several states like Kerala, Gujarat and Punjab have already started using Plasma Therapy for the corona-infected patients.

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