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
March 25,2020

Bengaluru, Mar 25: The COVID-19 count in Karnataka went up by 10 on Wednesday, reaching 51. The 10 new positives included two girls aged seven and nine who contracted the infection from their father.

The 34-year-old man had returned from Amsterdam on March 19 and tested positive as the 17th confirmed case in Karnataka.

Though his family were kept in isolation and under quarantine in their house, the children developed a cold. They were confirmed for COVID-19 infection while their mother is still negative.

The government remained tightlipped over whether or not a 70-year-old woman from Gouribidanuru who was put under house quarantine and died on Wednesday morning, tested positive for COVID-19. Government officials would neither confirm nor deny anything on the results of tests on the woman.

This evening’s bulletin issued by the Karnataka health department continued to indicate the strong correlation of coronavirus infection and foreign travel.

Among the positive cases identified today were

A 63-year-old Bengaluru man and his 59-year-old wife, with a history of travel to Brazil and Argentina.
Two 26-year-old men with a history of travel to Spain and arrived back in Bengaluru via Dubai.
Two others, a 63-year-old woman and her 69-year-old husband, had a history of travel to Athens and London.
A 34-year-old man, a resident of Udupi, who returned from Dubai
A 37-year old woman, a resident of Chitradurga, with a history of travel to Guyana and arrived back in Bengaluru via Delhi
Speaking to the media, medical education minister K Sudhakar said health officials were apprehensive the positives may go up tonight.

Of the corona positive cases detected in Karnataka so far, three have been discharged after quarantine, and 47 patients are in isolation at designated hospitals in a stable condition. There has been one fatality.

As per a recommendation by the high-level health committee, the government has decided to convert the Bowring Hospital into a coronavirus treatment hospital facility along with the Rajiv Gandhi Hospital for Chest Diseases and Victoria Hospital. 

“The number of positive cases are growing at an alarming rate and the government needs more treatment facilities. The government is for burning of COVID-19 death cases. However, due to some religious practices, it has been decided they would be buried in 8 ft deep pits,'' Dr Sudhakar said.

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News Network
May 22,2020

Bengaluru, May 22: The Karnataka government, which has fixed Rs 200 as fine for not wearing masks and covering faces to contain coronavirus spread, has collected Rs 3.43 lakh from 15,000 people as fine from May 5 till date.

"From May 5, the government has collected Rs 3,43,000 by fining 1,715 citizens for nor wearing masks or covering their faces," the Bruhat Bengaluru Mahanagar Palike (BBMP) Commissioner said in a statement.

Here is a zone-wise chart showing fines that have been collected:

Meanwhile, Karnataka Medical Education Minister Dr K Sudhakar said the state has reached its target of scaling up to 10,000 tests per day by conducting 11,499 tests on Thursday. In Kalaburagi, where the first COVID-19 case was confirmed in the State, conducted over 1000 tests yesterday.

"By conducting 11,449 COVID-19 tests yesterday, we reached our target of scaling up to 10,000 tests per day Kalaburagi that saw the first COVID-19 case in the state conducted over 1000 tests yesterday," Sudhakar said.

As per the Union Health Ministry, Karnataka has 1,605 positive cases, of which 571 have been recovered and discharged and 41 have succumbed to the infection.

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Media Release
July 27,2020

The second in the series of chartered flights arranged by Thumbay Group, UAE and the Bearys Cultural Forum (BCF) Trust, Mangalore to repatriate stranded Kannadigas in the UAE took off from Ras Al Khaimah International Airport on 25th July 2020. The flight was fully occupied with 178 passengers including the sick and elderly as well as those in need of urgent medical attention due to chronic illnesses, pregnant ladies and kids. Passengers also included those facing visa issues and job losses.

Implemented under the leadership of Dr. Thumbay Moideen - Founder President of Thumbay Group & Founder Patron of BCF and Dr. B K Yusuf - President of BCF, these repatriation flights are organized on a purely charitable basis, with all necessary steps and precautions in place to ensure the safety and comfort of passengers. 

Thumbay Group assigned its fleet of buses to transport the passengers free of charge from their residences in Dubai, Sharjah and Ajman to the airport. The organizers also provided free meals and refreshments to the passengers, in addition to PPE kits and face-shields distributed free of charges. 

Dr. B K Yusuf – BCF President, Dr. Kaup Mohammed - BCF General Secretary, other office bearers of BCF, as well as Thumbay Group’s representatives Mr. Farhad C – Director of the 
Hospitality Division of Thumbay Group and Engr. Farwaz P. C. – COO of the Construction Division were present at the airport to see off the second group of passengers. 

ARISTOCRAT Travels supported the ticketing, boarding and related processes for the passengers. Support 
was also extended by social organizations including Bhatkal Jamath, Bhatkal association, BCCI, BWF, DKSC, KNRI, Kannadiga Help Line, KDKGS-UAE, Dubai Konkans, KSS and Dubai 
Kannadigas.

The passengers were received at Mangalore airport under the leadership of Mr. Mumtaz Ali - patron of BCF and other distinguished personalities of Mangalore including Mr. B. M. Farookh - Hon. MLC, Mr. Moidin Bava - former MLA, Mr. U. T. Ifthikhar, Mr. S. M. R. Rashid - President of 
BCCI central committee etc.The passengers were transferred to the hotels where they had registered for the mandatory quarantine.

The first flight in the series, with 186 passengers had taken off on 21st July 2020. The next flight under this joint initiative is scheduled to take-off from Ras Al Khaimah airport to Mangalore on 10th August 2020. A few more similar repatriation flights are to soon follow, in the coming weeks.


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