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
February 7,2020

Newsroom, Feb 7: Prime Minister Narendra Modi’s recent statement that there is no detention camp in India is no more a lie. That doesn’t mean that there are no detention camps in the country, but the name of the camps have changed. 

In December, at a mega rally at Ramlila Maidan, meant to launch the BJP's campaign for the assembly elections in Delhi, Mr Modi had stated: “The rumour of detention centres being spread by the Congress and urban Naxals is totally false. This is being done with a bad intention to destroy the country, it’s filled with evil motives; this is a lie, lie, lie.” He had further claimed: “Neither are any of the country’s Muslims being sent to detention centres nor is there any detention centre in India”

In reality there are at least six detention camps in jails in Assam to house foreigners found staying in India illegally. A month prior to PM’s statement, Union minister of the state for home affairs Nityanand Rai had revealed that the six camps in Assam housed 1,043 foreigners — 1,025 Bangladeshis and 18 Myanmarese. Apart from these, at least ten new detention centres are coming up.

Outside Assam too, the Maharashtra government, under the then chief minister Devendra Fadnavis, had identified land for the state’s first detention centre for illegal immigrants.

Besides, in a case relating to illegal immigrants in Karnataka High Court in November this year, the Centre had told the court that it had written to all state governments in 2014 and sent a follow-up letter in 2018 to have detention centres to house foreign nationals illegally staying in India.

Karnataka’s first detention centre, apparently meant to lodge illegal immigrants and migrants overstaying in the country, is already open in Sondekoppa village on the outskirts of Bengaluru. The facility with several rooms, a kitchen and toilets has been kept ready on the directions of the government. 

Meanwhile, Union Minister of state for home Nityanand Rai has told the Lok Sabha that the name "detention centre" has now been changed to "holding centre".

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News Network
March 13,2020

Bengaluru, Mar 13: Amid coronavirus outbreak, all universities, malls, and clubs will remain closed for a week in Karnataka. Karnataka CM Yediyurappa has said no one should travel unless it's an emergency. "All malls, cinema halls, pubs, wedding ceremonies and other large gatherings in the Karnataka have been banned for another one week," Chief Minister Yediyurappa said. This comes hours after the Uttar Pradesh government had decided that all schools, colleges situated in the state will be closed till 31st March 2020.

Following the decision, the Karnataka government on Friday asked doctors and other health staff to work on public holidays also till the spread of coronavirus is contained. Leaves and all week off of state health ministry workers have also been canceled. The government issued a circular stating that certain emergency measures are being taken to control the spread of coronavirus is some parts of the State.

"To manage things in a result-oriented manner, doctors, office personnel, paramedical staff and other permanent and contract employees in hospitals coming under the Health Department have been instructed to work on all public holidays." the government order read.

The decision comes after 76-year-old man in Karnataka's Kalaburagi died of coronavirus and became India's first COVID-19 victim. 46 people in Kalaburagui have been kept under coronavirus quarantine since then. Out of 46, 31 have been put under the "high risk" category. The high-risk persons were shifted to ESIC hospital. Officials said four family members of the man have displayed flu symptoms and their swab samples have been sent for testing in Bengaluru.

Earlier on Friday, an employee of Google's Bengaluru office tested positive for n-coronavirus, taking the total COVID-19 positive cases in Bengaluru to 5. India's total coronavirus positive count rose to 75. Several other states including capital Delhi, Madhya Pradesh, Odisha, Bihar, and Uttar Pradesh invoked various sections of the epidemic disease act. Meanwhile, the Indian Army has also called off all recruitment drive in wake of coronavirus outbreak.

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coastaldigest.com news network
March 2,2020

Abu Dhabi: Yogish Prabhu K is the newly elected president of Abu Dhabi’s prestigious India Social & Cultural Centre (ISC) and he will serve for the period 2020-2021. ISC’s annual general body meeting and Election for 2020 were held on Thursday, February 27 and the election results of the election were announced during the early hours of Friday, February 28th morning.

In the keenly contested election, Yogish Prabhu emerged victorious. Humble origin and hailing from a small town of Karkala from Udupi district of Karnataka state has never deterred him from setting challenging goals. He belongs to a well-known Gouda Saraswat Brahmin family of K.V.Prabhu Coconut oil mill in Karkala. He is the eldest son of Late Rtn. Krishna Prabhu and Rtn. Bharati Prabhu.  His father and grandfather were freedom fighters who left a profound impression on him and their ideology “serving people is like worshiping God” (Jana seveye Janardhana seve) inspired and guided his life ever since. Prabhu has been a privilege member of ISC since 2003 and has been actively involved in ISC activities throughout. His relationship with ISC spans over 2 decades during which he has immensely contributed in many ways to ISC and the Indian community at large. A banker by profession, Yogish Prabhu is currently working as Vice President, Group Finance & Treasury, First Abu Dhabi Bank (FAB).

With some new initiatives in his mind, Prabhu wants to creatively improve the quality of ISC’s services, its humanitarian impact as well as the diversity of its membership. His intentions are always to help everyone irrespective of caste, creed, religion, language or status. As a new elected President of ISC, Prabhu’s main objective is to strategically plan and implement his vision through his ABC 5 Year Plan i.e.,

A-    Accountability & Transparency,

B-    Build a Sound Financial Plan and

C-    Compassion & Affection for the needy

so that ISC is recognized not just in UAE, but worldwide as a mascot of the great Indian community.

Prabhu thinks “as individuals, we can do only so much but with the support of Elected ISC Committee members and all the ISC members together, there is no limit to what we can achieve, and in the process, we can truly transform the ISC”. He proudly says, “I have a strong treasury management experience in ISC as well as in the bank which we need now more than ever”.

With his dynamic leadership, sheer dedication and ambition, ISC will definitely be scaling new heights of glory and prestige in Abu Dhabi and beyond. His humble nature, leadership qualities coupled with his rich administrative experience will surely help boost ISC’s popularity and meet its challenging goals and can serve people in a better way and contribute to the Indian community at large.

Yogish Prabhu has been married for 28years. His wife Chethana Prabhu Kasaragod too has been equally active in ISC and continuously supporting and participating in various sports, entertainment and literary committees throughout these years. She became ISC Women’s Forum Convener in 2016-2017. Their daughter, Aarti Prabhu is an IT Engineer from NITK Suratkal, working in Bangalore. Son, Ajith Prabhu finished his Masters in Mechanical Engineering and Management in Industrial Design in Queens University, Belfast, Northern Ireland, UK and at present doing his internship there. Both Aarti and Ajith are alumni of Abu Dhabi Indian School and both have represented National level CBSE Badminton meet. Also, Aarti was a Gold medalist in the school for scoring 100 in Mathematics in SSLC.

Following are few of his contributions and achievements:

•          Hon. Asst. Treasurer of ISC for consecutive years from 2005 till 2007

•          Hon. Treasurer of ISC in 2011.

•          Member of Finance Committee of ISC new infrastructure and premises from approval till completion.

•          In 2016, initiated the participation of ISC members as officials for International Yoga Day organized by Indian Embassy

•          In 2017, initiated the participation of children as officials to help the organizers so that children could learn their social responsibility and become good citizens.

•          In 2012, initiated ladies throw ball tournament in ISC and now it is extended to men too.

•          Member of IPEF since its inception in 2014. Also served as its Governing board member in the same year.

•          Founder member of ‘UAE GSB group’ since its formation in 2004

•          Committee member of ‘Gandhi Sahitya Vedi’ Abu Dhabi

•                    Treasurer of Abu Dhabi Karnataka Sangha

•          Head of Finance and member of other committees of ‘World Tulu Convention’ held in Dubai - 2018

 

Election was held for other Posts too. The other office bearers elected to the present committee are:

Vice-President: George Varghese.

General Secretary: Jojo J Ambooken

Asst.Gen.Secretary: C. George Varghese

Treasurer: Shijil Kumar N K

Entertainment Secretary: Jayapradeep K P

Literary Secretary: Elias Padavetty

Sports Secretary: Freddi J. Fernandes

Secretary Southern Region: Raja Srinivasa Rao Aita

Auditor: G.N.Sasikumar

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