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 27,2020

Bengaluru, Jun 27: Karnataka witnessed the biggest single-day spike in Covid cases on Saturday as 918 cases were recorded and 11 more deaths were linked to the pandemic. 

In Bengaluru alone, 596 more people tested positive for the infection in the last 24 hours as three more fatalities were also confirmed by the Department of Health and Family Welfare Services.

Following is the district wise tally:

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News Network
February 27,2020

Bengaluru, Feb 27: The Centre has adopted Prime Minister Narendra Modi's mantra of "Make in India', for India and the world" to build strong defence and security infrastructure in the country, said Defence Minister Rajnath Singh after inaugurating the new Light Combat Helicopter Production Hangar at Helicopter Division in Hindustan Aeronautics Limited (HAL) Complex here on Thursday.

According to an official statement, the Defence Minister said in the last five years, India has made significant progress towards manufacturing military equipment indigenously under the 'Make in India' initiative.

Stressing that the defence industry plays a major role in the economic development of the country, Singh lauded the significant contribution of organisations like HAL.

Highlighting the Rs 35,000 crore exports target set for the coming years, he expressed confidence that HAL, through its various platforms, will contribute significantly to achieve this milestone.

According to the statement, Rajnath Singh commended HAL for being the backbone of the Indian Air Force and meeting the requirements of the Armed Forces.

"The HAL has excelled both in operations and finance in the last five years. It has achieved operational clearance on seven platforms, including Light Combat Aircraft and Light Combat Helicopter, and overhauled platforms like Hawk and SU 30 MKI," he said.

He also appreciated that HAL had a turnover of Rs 19,705 crore till March 2019 and it gave shareholders a healthy dividend of 198 per cent.

HAL also apprised the Defence Minister on the progress of the new design and development programme of indigenous Indian Multi-Role Helicopter (IMRH), the statement informed.

The full-scale mock-up was showcased to Rajnath Singh. The IMRH is proposed as a replacement to the existing medium-lift helicopters such as Mi17's, Kamovs and Seakings which will phase out in the next eight to ten years.

LCH is a 5.5-tonne class combat helicopter designed and developed by HAL. It is powered by two Shakti engines and inherits many technical features of the Advanced Light Helicopter. LCH has the distinction of being the first attack helicopter to land in Forward Bases at Siachen, 4,700 mts above sea level with 500kg load.

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coastaldigest.com web desk
June 30,2020

Ballari, June 30: A video clip of dead bodies of covid-19 victims being disgracefully thrown into a pit said to be in Karnataka’s Ballari has gone viral on social media triggering outrage from netizens.

Ballari Deputy Commissioner SS Nakul ordered a probe. He told media persons that the veracity of the video is still under question and that it still needs to be established if the video was taken in Ballari.

In the video, a pit is seen which appears to be disinfected. The video features masked men covered in body suits bringing dead bodies from a black hearse van in black body bags one by one and throwing the dead bodies into the same pit. In all, three dead bodies are thrown into the same pit in the video.

"We have assigned an Additional Deputy Commissioner (ADC) to enquire and verify the same. We are awaiting reports. We don't know yet if it (the video) is from Ballari or not," Nakul said.

The district which has so far reported around 800 cases in the last three months has also witnessed around two dozen deaths.

Twitterati on Tuesday raised questions about the handling of the bodies. "Even dead have some respect and they deserved a decent burial," said a social activist from Ballari. Similar reactions echoed on social media and some also pointed out on how the family members who have to stay away from burials feel about it.

Covid burial protocol

According to the protocol set by the Union Health Ministry for the burial of Covid-19 patients, the patients' orifices (nose, mouth and ears) have to be sealed and the body has to be wrapped in three layers of personal protective equipment (PPE). Thereafter it should be placed in a body bag. Family members should not be allowed to accompany the body in the hearse van. Covid-19 victims have to be given a deep burial. The grave should be minimum 10-feet deep.

The grave should be disinfected with bleaching powder and the area should be cordoned off so that the general public is not in the vicinity.  The vehicle used to transport the dead body of a Covid-19 victim -- ambulance or a hearse van -- has to be disinfected for 16 hours before being used again. Most Covid-19 victims in the state have had burials in the absence of family members as they are generally in quarantine for being the primary contacts of the patient.

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