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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Ram Puniyani
July 20,2020

As Covid 19 has created havoc all rounds, the rulers of certain countries are using it to further intensify their set agendas. The democratic freedoms are being curtailed in certain forms, the reaction to which has come in America in the form of a campaign, which is opposing “stifling” cultural climate that is imposing “ideological conformity” and weakening “norms of open debate and toleration of differences”. In India similar intimidations have been intensified. In addition the occasion has been used by the sectarian forces first to link the spread of Corona to Muslim community and now in the name of reducing the burden of curriculum certain chapters on core concepts related to Indian nationalism are being deleted from the text books.

It has been reported that chapters on federalism, citizenship, nationalism, secularism, Human Rights, Legal Aid and Local Self Government and the like are being dropped. Education has been an important area for communal forces and they constantly keep saying that leftists have dominated the curriculum content, it suffers from the impact of Macaulay, Marx and Mohammad and so needs to be Indianized. The first such attempt was done when BJP came to power in 1998 as NDA and had Murli Manohar Joshi as the MHRD minister. He brought the changes which were termed as ‘saffronization of education’. Their focus is more on social science. Some of the highlights of this were introduction of subjects like Astrology and Paurohitya, and chapters defending caste system, nationalism of the type of Hitler was praised.

With defeat of NDA in 2004, the UPA did try to rectify some of these distortions. Again after 2014 the RSS affiliates working in the area of education have been active, interacting with MHRD officials to impress upon them the need to change the curriculum matching with their Hindu nationalist agenda. Its ‘Shiksha Sanskriti Utthan Nyas’ has been asking for removal of English, Urdu words in the texts. It has asked for removal of thoughts of Rabindranath Tagore on Nationalism, extracts of autobiography of M F Husain, references to benevolence of Muslim rulers, references to BJP being Hindu party, apology of Dr. Manmohan Singh for anti Sikh pogrom of 1984, the reference to killings of Gujarat carnage in 2002 among others. This they call as Bhartiykaran of syllabus.

As RSS is a multithreaded hydra one of its pracharak Dinanath Batra has set up ‘Shiksha Bachao Abhiyan Samiti’ which has been pressurizing various publishers to drop the books which are not conforming to their ideology. One recalls their pressuring withdrawal of Wendy Doniger’s ‘The Hindus’, as it does present the ancient India through the concerns of dalits and women. Mr. Batra has already come out with a set of nine books for school curriculum, giving the RSS view of the past and RSS understanding of social sciences. These have already been translated into Gujarati and thousands of the sets of these books are being used in Gujarat Schools.

The present step of deleting parts of curriculum which gives the basics of Indian Nationalism, secularism and human rights is a further step in the same direction. These are the topics which have made the Hindu nationalists uncomfortable during last few years. They have been defaming secularism. They removed it from the preamble of Indian constitution, when they put out an ad on the eve of Republic day in 2015. From last few decades since the Ram Temple movement was brought up, simultaneously the secular ethos of India’s freedom movement and secular values of Indian constitution have been constantly criticized. Many an RSS ideologues and BJP leaders have been asking for change of Indian Constitution for this very reason.

Secularism is part of the concept of Indian nationalism. In the name of religious nationalism, sectarian divisive nationalism they have been attacking various student leaders in particular. When we study Nationalism, the very genesis of Indian nationalism tells us the plurality of our freedom movement with its anti colonial roots. The struggle was for Indian nationalism and so the Muslims and Hindu communalists kept aloof from this great struggle against colonial masters, it was this struggle which built the Indian nation with all its diversity.

Similarly as we have equal rights as citizens the chapters on citizenship are being dropped. Federalism has been the core part of India’s administrative and political structure. As the dictatorial tendencies are becoming stronger, federalism is bound to suffer and that explains the dropping of this subject. Democracy is decentralization of power. Power reaching the lowermost part of the system, the villages and average citizens. This got reflected in Local self Government. The power is distributed among villages, cities, state and center. By removing chapters on federalism and local self government, the indications of the ideology of ruling party are on display.

While we are not dealing with all the portents of the planned omissions, one more aspect that related to dropping of chapter on Human rights needs our attention. The concept of Human rights and dignity are interlinked. This concept of Human rights also has international ramifications. India is signatory to many an UN covenants related to Human rights. The indications are clear that now rights will be for the few elite and ‘duties’ for the large deprived sections will be put on the forefront.

In a way this incidental ‘Corona gifted opportunity’ to the ruling Government is being fully used to enhance the agenda of ruling party in the arena of Educational Curriculum. The part of curriculum with which the ruling party is uncomfortable is being removed. This act of omission does supplement their other acts of commission in changing the shape of educational curriculum, which are reflected in RSS affiliates’ suggestions to MHRD regarding Bhartiyakaran of contents of syllabus. As per this the things like regarding the great epics like Ramayana and Mahabharata as History, the things like India having all the stem cell technology, plastic surgery, aviation science etc. will have a place in the changes planned by communal forces!

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News Network
August 3,2020

Bengaluru, Aug 3: A building of Bengaluru's civic body, Bruhat Bengaluru Mahanagara Palike (BBMP), on Broadway Road in Shivajinagar, is being developed into a COVID dedicated hospital with 200 beds, Karnataka Medical Education Minister K Sudhakar said on Sunday.

The hospital will be functional in two weeks, said Sudhakar.

"BBMP building in Broadway Road is converted into Covid hospital. Setting up of infrastructure like beds, ventilators, oxygen etc is underway.

All necessary staff for this hospital including doctors, nurses and paramedical staff have been already deployed and the work is on fast track," Sudhakar tweeted.

He also thanked Infosys foundation and it's Chairperson Sudha Murthy for immediately responding to government's request and providing infrastructure for this hospital.

In a tweet, Sudhakar thanked the doctors for their service to combat COVID-19 in the state.
"These doctors have extended helping hand in these corona times without any expectations. I salute their spirit of service and professionalism," Minister said in a tweet.

According to the Union Health Ministry, there are 1,34,819 COVID-19 cases in the state. 

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News Network
March 18,2020

Bhopal, Mar 18: Rebel Congress MLAs from Madhya Pradesh who are staying at a resort in Bengaluru, on Wednesday said they went there voluntarily.

Issuing video messages, the rebels said they didn't want to meet senior party leader Digvijay Singh who was briefly detained near the resort this morning.

Madhya Pradesh Chief Minister Kamal Nath and other leaders of the Congress have been claiming that the rebel MLAs were being held in captivity by BJP.

High drama unfolded this morning near the resort, as Singh, a two-time Madhya Pradesh Chief Minister, staged a protest accusing the police of not allowing him to meet the legislators, following which he was detained briefly and released later.

Singh, along with Karnataka Congress chief D K Shivakumar, is meeting police top brass seeking opportunity to meet the MLAs.

Singh hit out at Union Home Minister Amit Shah and Karnataka Chief Minister B S Yediyurappa, accusing them of trying to block their efforts to get in touch with the legislators.

"We have come here voluntarily on our own wish; we have got to know from some people that a few leaders from Madhya Pradesh including Digvijay Singh and some MLAs have come here. We don't want to talk to anybody," Congress rebel MLA from Sumawali Aidal Singh Kansana said in a video message.

"We have tried enough to speak with every one for the last one year, when they did not hear us for one year, what they will hear us in one day? We want to say only this that we have come here as per our wish and go back as per our wish," he added.

Another rebel MLA Govind Singh Rajput too said they have come voluntarily and don't want to meet anybody.

"We got to know that Digvijay Singh has come with a few Ministers and leaders. Unnecessarily at the gate they are saying they want to meet us. When no MLA wants to meet him, they should not be doing this. All MLAs have sent in their resignation," he said in a video message.

Currently, 22 rebel MLAs are said to be camping in the city.

These videos were shared by former Congress leader Pankaj Chaturvedi, a close confidante of BJP leader JyotiradiyaScindia.

In a video message, Bisahulal Singh (Anuppur) said Digvijay Singh had fooled them for 40 years.

"My seniority was neglected. We recognised Digvijaya Singh as our leader for 40 years but he only fooled us. We have come here voluntarily," he said.

"Rahul Gandhi had told us that my name, along with Aidal Singh Kansana (Congress MLA from Sumawali), had figured in the list of state Cabinet but they were struck off due to nepotism," he added.

Pohri MLA Suresh Dhakad said they received information on Digvijay Singh's visit on Wednesday through television channels.

"The present crisis was caused due to Digvijay only. We don't want to meet him," he said.

Karera MLA Jasmant Singh Jatav also blamed Digvijay Singh for the plight of Congress in Madhya Pradesh.

Dimni MLA Girraj Singh said they all have already resigned.

The MLAs who have issued video messages also included Manoj Choudhary (Hatpipalya), Kamlesh Jatav (Ambah), Raghuraj Kansana (Ambah), Brijendra Singh (Mungaoli), Raksha Santram Sironiya (Bhander), Munnalal Goyal (Gwalior East), Rajyavardhan Singh (Badnawar), OPS Bhadoriya (Mehgaon), Ranvir Singh Jatav (Gohad) and Hardeep Singh Dang (Suwasara).

Former ministers Tulsi Silawat (Sanver), Mahendra Singh Sisodia (Bamori), Imarati Devi (Dabra), Pradyumn Singh Tomar (Gwalior), Govind Singh (Surkhi) and Prabhuram Choudhary (Sanchi) also issued videos.

The resignations of these six former ministers were accepted by Assembly Speaker NP Prajapati while those of 16 others are on hold.

The rebel Congress MLAs held a press conference on Tuesday and claimed that 20 more party MLAs want to join them. The rebels also said that they were thinking of crossing over to the BJP in the days to come.

The Congress-ruled Madhya Pradesh has been in a political turmoil since the MLAs resigned on March 10 following the suit of Scindia, who joined the BJP on March 11.

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