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 5,2020

New Delhi, April 5: Former Karnataka chief minister HD Kumaraswamy on Sunday challenged Prime Minister Narendra Modi to offer a "credible scientific and rational" explanation for his candle-lighting call and said he is giving "meaningless tasks" to an already exhausted population.

The JD(S) leader questioned if the Prime Minister asked the nation to observe a candle-light vigil on the eve of foundation day of BJP.

"Has the PM slyly asked the nation to observe a candle light vigil on the eve of foundation day of BJP? April 6 being its foundation day, what else can explain the choice of date & time for this event? I challenge the PM to offer a credible scientific and rational explanation," Kumaraswamy tweeted.

"The government is yet to provide PPEs for doctors and make test kits affordable for the common man. Without telling the nation what concrete steps are being taken to combat COVID-19 menace, the prime minister is giving meaningless tasks to an already exhausted population," he tweeted.

"It is shameful to convert the national crisis into an event of self aggrandizement & it is beyond shameful to push the hidden agenda of his party in the face of global calamity. May sense prevail upon the PM," the JDS leader said in another tweet.

Amid a nationwide COVID-19 lockdown, Prime Minister Modi on Friday appealed to countrymen to light diyas and candles on April 5 at 9 pm to fight the darkness spread by the pandemic. He asked the people to turn off all the lights in their homes and stand at doors or balconies and light candles or diyas, torches or mobile flashlights for 9 minutes on April 5.

Last month, PM Modi had asked the people to come out in their balconies and clap and beat utensils to show appreciation for doctors, nurses and others helping fight coronavirus on 'Janata Curfew'.

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News Network
May 18,2020

Bengaluru, May 18: Former Karnataka Chief Minister Siddaramaiah has called a meeting of Congress Legislature Party (CLP) to discuss various issues related to coronavirus and "failures" of the state government in tackling the outbreak.

The meeting, which will be held on May 19 at 4 pm, will also discuss packages announced by the central and state government, the amendment to the APMC Act by the state cabinet and the cancellation of various schemes including Mathrushree and Santhwana scheme.

Earlier, Siddaramaiah had alleged that the Centre and Karnataka government failed in containing the coronavirus spread despite having enough time for preparations.

Meanwhile, the ongoing nationwide lockdown has been extended till May 31. 

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coastaldigest.com web desk
July 4,2020

Bengaluru, Jul 4: In a heart-wrenching incident, a 65-year-old coronavirus patient at Hanumath Nagar in South Bengaluru died outside his house waiting for an ambulance on Friday evening. The body was kept on the road for more three hours.

The deceased tested positive for coronavirus on Friday and immediately called an ambulance to reach a hospital. However, according to his family members, as he waited for the ambulance for nearly three hours, he collapsed on the road in front of his house complaining of breathlessness and died.

As the body lay unattended on the road, it began to rain heavily. Soon, videos of the body lying on the road in the heavy rain went viral on social media. 

A senior doctor in charge of the division, however, claimed that the ambulance had arrived in less than half an hour but the patient had died before they reached the spot. 

"The patient had given samples on Thursday at KIMS and tested positive on Friday. BBMP officials informed them that they would reach his house. But the man, fearing that he may be stigmatised in the locality, began walking to the corner of the road and collapsed on the street and died," the officer said. 

Another health official from Basavanagudi limits said: "As the ambulance staff do not transport the dead, they informed the hearse van, which was set to arrive in 30 minutes. But due to the sudden rain and heavy traffic ahead of the curfew hours, they were stranded for almost three hours later." The officials also said the deceased had been suffering from cardiac ailments for almost 10 years. 

Regretting the incident, BBMP officials said they were helpless as was an acute shortage of hearse vans. "We were told that there were 20 deaths today and there are only eight hearse vans available. They had to shift this patient after attending to another mortality and were stuck in traffic. By then, due to the fear of infection, nobody attended to the deceased," the officer explained. 

BBMP commissioner B H Anil Kumar said that such incidents should not recur and ordered an investigation and sought a report. "We will ensure that such incidents do not recur," Kumar said.  

Following outrage on social media, a hearse van was summoned and the body was shifted to the Victoria Hospital mortuary as per the protocol. Police have opened a case of unnatural death.

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