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
April 27,2020

Thiruvananthapuram, Apr 27: Kerala Chief Minister Pinarayi Vijayan on Sunday said the issue of return of Non-Resident Keralites (NRKs) to the state has been taken up with the Centre and the state government is awaiting a favourable response.

Vijayan said this in a meeting with Non-Resident Keralites over steps taken by the state government for those wishing to return to the state from foreign countries.

The Chief Minister announced that the Department of Non-Resident Keralites Affairs has opened online registration for such NRKs.

"Those returning should undergo screening at airports. All those returning should undergo mandatory home quarantine for 14 days.

Arrangements of isolation wards will be provided for those unable to go home," said Vijayan.

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News Network
March 11,2020

Bengaluru, Mar 11: The Insurance Regulatory Authority of India has asked insurers to settle all claims related to coronavirus expeditiously under existing health policies that provide for treatment of hospitalisation expenses.

It has also asked insurers to design products covering the cost of treatment of coronavirus that has fast spread across the world and also resulted in increasing number of infections in India. There has been over 3,000 deaths globally and 58 cases tested positive in India.

In order to provide need-based health insurance coverage, insurers are intro ducing products for various specific diseases, including vector borne diseases. "For the purpose of meeting health insurance requirements of various sections, insurers are advised to design products covering the costs of treatment for coronavirus," the IRDAI said in a circular.

The regulator said that under existing health insurance policies where hospitalisation is covered, not only the cases related to coronvirus disease (COVID-19) shall be expeditiously handled, but all the costs of admissible medic al expenses during the course of treatment, including the treatment during quarantine period, should be settled in accordance to the applicable terms and conditions of policy contract and the extant regulatory framework.

This would bring much needed relief to policy holders some of whom were facing difficulty in getting coverage for treatment takers to coronavirus. In the absence of clear information, a few hospitals were reportedly denying for forward such claims of policy holders to the insurers.

IRDAI has now said that all the claims reported under COVID-19 shall be thoro ughly reviewed by review committee before repudiating the claims. This would prevent blanket rejection of such claims.

But to get full claim for treatment of coronavirus, industry experts said, a person should be hospitalised at least for 24 hours. Most insurers do not c over outpatient treatment.

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News Network
May 2,2020

Bengaluru, May 2: Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar has urged Chief Minister BS Yediyurappa to help the farmers in sending their produce to a market here amid the coronavirus lockdown.

The Congress leader made the appeal to the Chief Minister after listening to the farmers' issues while visiting KR Puram market on Friday.

Farmers told Shivakumar that the police are stopping their vehicles going towards the market despite the order passed by the Centre permitting the movement of vehicles carrying essential commodities during the lockdown.

"I have received calls from more than 100 farmers in the past few days. Every day, farmers from Kolar, Chikballapur, Malur and many other places come to KR Puram market to sell their agricultural goods, but their vehicles are stopped by the police. The cops do not allow them to sell fruits and vegetables. I request the Chief Minister to look into the matter and help the farmers," Shivakumar told reporters.

"I got to know that more than 50 vehicles were sent back. This government is of no use if they cannot secure the interests of the farmers. This government is not providing required support to the farmers," he added.

The Congress leader was accompanied by MLC Narayana Swamy and former president of Hoskote Authority Narayana Gowda during the visit to KR Puram market.

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