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 24,2020

Mangaluru, May 24: Muslims across coastal Karnataka today observed Eid Al-Fitr by offering Eid prayers at home instead of mosques and Eidgahs.

For the first time the cities of Mangaluru and Udupi wore a deserted look on the day of Eid. Strict implementation of the lockdown was seen in the both cities. All vehicles except those transporting essentials remained off the roads.

Following the orders of orders of the deputy commissioners of the Dakshina Kannada and Udupi and guidance of religious scholars and Qadhis, Muslims preferred not to venture out of homes on the day of Eid. The 36 hours of complete lockdown which came into force yesterday at 7 p.m. will relaxed tomorrow morning at 7 a.m.

The Eidgah at Light House Hill area of the city and other prominent mosques, where thousands used to gather to offer namaz during festivals, were empty today.

Photos of simple Eid celebrations were share on social media to keep the spirit of festival alive in times of pandemic.

This time Muslims in the region had also decided not to buy any new clothes for Eid. Campaigns were run in the moth of Ramadan to encourage the Muslims to donate the amount of new clothes to the needy instead.

Throughout the month of Ramadan Muslim organisations were distributing food among the stranded migrant labourers in the region.

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Agencies
July 17,2020

Bengaluru, Jul 17: Karnataka Chief Minister B S Yediyurappa on Friday said lockdown is not the solution for controlling COVID-19 and made it clear that there was no proposal before the government to extend it in Bengaluru.

Bengaluru urban and rural areas are currently under "complete lockdown" since 8 pm of July 14 and it will be effective till 5 am on July 22.

With the spike in cases, speculations were rife that the current lockdown is likely to be extended for 15 days, as that much time is required to break the chain.

"Lockdown is not the solution to control COVID. There is no proposal before the government to extend the lockdown," Yediyurappa was quoted as saying by his office in a release.

The Chief Minister today chaired a meeting with Ministers who have been made in-charge of eight zones in the city and officials regarding the COVID-19 situation in Bengaluru.

Earlier too, on July 13, the eve of the lockdown, Yediyurappa had said the government did not plan to extend it in Bengaluru urban and rural districts, and had appealed to the people to cooperate by not paying heed to rumours.

However, earlier today city Mayor M Goutham Kumar and commissioner of the civic body Bruhat Bengaluru Mahanagara Palike B H Anil Kumar had favoured its extension.

They had said that in their personal opinion, a 15 day lockdown would be good, as that much time is required to break the chain.

The Opposition Congress too had asked for a minimum of 15 days lockdown after taking expert opinion.

"Respected Chief Minister, you have imposed lockdown in Bengaluru, but it is difficult to expect results from this lockdown, which has been imposed just for for the sake of it.

Take expert opinion and enforce strict lockdown in Bengaluru at least for 15 days.

If not, even if God comes,it will be difficult to protect Bengaluru," KPCC Working President Eshwar Khandre tweeted.

Speaking to reporters after attending the meeting chaired by the CM, Revenue Minister R Ashoka said lockdown will not be extended and all activities can resume as usual from July 22.

"Lockdown will not be extended. I'm saying this after discussing with the Chief Minister. There is no such thinking before the government.

CM has got report from the experts, it was discussed in the meeting.

By lockdown we can only postpone things, we have taken that breathing time.

If we continue lockdown it will keep on continuing," he said.

The Minister said the process of sealing places, wherever required, would continue.

He said the plan to conduct more tests was discussed at the meeting and all the required zone wise arrangements would be made

"We also discussed about beds and shortage of ventilators and steps will be taken to arrange for them," he said.

As of July 16 evening, cumulatively 51,422 COVID-19 positive cases have been confirmed in the state, which includes 1,032 deaths and 19,729 discharges.

Bengaluru urban district tops the list of positive cases, with a total of 25,288 infections.

Out of 4,169 fresh cases reported on Thursday, a whopping 2,344 were from Bengaluru urban alone

At the meeting, the Chief Minister said all necessary steps should be taken to clear all the difficulties faced by infected patients in getting admitted to hospitals.

The CMO statement quoted Yediyurappa as directing Ministers to hold meetings with private hospitals to ensure that COVID and non COVID patients get treatment.

Warning of strict action against private hospitals if they don't allocate beds for COVID patients,he said volunteers and nodal officers would be appointed to gather information about admission of such patients and availability of beds

The Chief Minister said rapid antigen tests should be conducted on those dying at hospitals or homes and necessary action taken to hand over the bodies or to conduct last rites as per the procedures, depending on the cause of death.

Recruitment was on to appoint doctors to resolve shortage, he said,adding that volunteers have been identified in each ward for micromanagement and ambulances allocated.

Marriage halls and lodges have been selected in all wards for those not having separate quarantine facilities, Yediyurappa said and stressed on increasing testing.

Deploying extra police force at places where there are chances of people gathering in large numbers, ensuring beds availability and ambulances within two hours of a patient testing positive- with decentralized monitoring, giving priority to those symptomatic above 65-years during allocation of beds were among directions given by the Chief Minister.

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Agencies
January 9,2020

New Delhi, Jan 9: A total of 10,349 people involved in the farming sector, including 5,763 farmers or cultivators, committed suicide in 2018, the National Crime Records Bureau (NCRB)'s report on 'Crime in India-2018' reveals.

The annual data was released around three months after the government released the NCRB report on 'Crime in India-2017'.

As per the latest data, of the 10,349 persons, who committed suicide in 2018, 4,586 were agricultural labourers.

The number of suicides in the farming sector in 2018 accounted for 7.7 per cent of the total suicide-victims (1,34,516) in the country, the NCRB data said.

Suicides in the country in 2018 rose to 1,34,516 from 1,29,887 in 2017.

The rate of suicides was up from 9.9 per cent in 2017 to 10.2 per cent in 2018. In 2017, a total of 10,655 farming sector-suicides were reported.

West Bengal, Bihar, Odisha, Uttarakhand, Meghalaya, Goa, Chandigarh, Daman and Diu, Delhi, Lakshadweep and Puducherry reported zero suicides of farmers or cultivators and agricultural labourers during 2018, said the report.

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