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 19,2020

Bengaluru, Mar 19: Medical Education Minister Dr Sudhakar on Wednesday said that the government is increasing the number of labs for COVID-19.

"For the last two months, screening has been done at airports. Quarantine is also being done. The situation was reviewed by the state cabinet. All passengers from abroad will be home quarantined or they can stay at government facilities or budget hotels or resorts or private hospitals," Sudhakar said in the Assembly.

"We have issued many advisories. Until 31st March, pubs, and hotels, religious events, should not have an assembly of more than 100 persons. Two bulletins will be issued twice a day. All those who arrive from abroad will be stamped that they have arrived from abroad. Covid-19 is growing at a phenomenal pace. We need not panic but we need to be cautious," he said.

Sudhakar continued: "There are 54 labs in the country. Karnataka has five labs, the most among all states. We are increasing the number of labs. In our country, we have tested less than 10 per cent. In Karnataka, we should conduct test on more people."

The minister said the government will devise a way to be able to track down all those home quarantined through their mobile phones.

"Karnataka stands fourth after Maharashtra, Kerala and Uttar Pradesh. We are in the second stage. The next 2-3 weeks are detrimental. This is a pandemic situation. People have to also take responsibility. Social distancing is the real solution and key to eradicating this COVID-19. In the larger interest of the health of the state, we have to take drastic measures," he said.

"We are now in the 2nd stage. The next 3 weeks are very important. If we take care, the state can escape what's happening worldwide," he said.

Congress MLA UT Khader demanded action against those people who do not follow rules.

"Only shutting airports will not help. What about domestic passengers? Coronavirus must come under Ayushman Bharat. Keep isolated patients away from normal people in the ICU in government hospitals. Take action against those who do not follow the rules," he said.

Congress MLA Dr Yathindras said that screening is not enough and travelers need to be lab tested.

A total of 151 positive cases of coronavirus have been reported in India so far, the Union Ministry of Health and Family Welfare said on Wednesday.

Thirteen positive cases of COVID-19 have been reported in Karnataka till today.

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coastaldigest.com news network
July 2,2020

Yadgir, July 2: A fresh video of the health staff dragging the body of a Covid-19 victim and dumping it into a pit disgracefully has gone viral on social media.

The incident occurred in Yadgir district of Karnataka on Tuesday, just days after shocking visuals of bodies of Covid-19 victims being handled disrespectfully in Ballari district went viral.

In the fresh video, two persons with PPE suits can be seen dragging, hurling and dumping the dead body of a senior citizen who died of covid-19. The duo dragged the body using a wooden log inserted to both hands of a plastic body bag for nearly 300 meters.

After pulling till the pit, the body was heartlessly dumped including a wooden log. Several villagers were also seen in the video.

The victim was settled in Siravara in Raichur district, although he originally hailed from Yadgir. On Sunday he was busy overseeing his daughter' wedding that was first postponed due to lockdown.

According to a relative of the deceased, on Monday he complained of breathing problems following which an ambulance was called to carry him to Raichur Institute of Medical Sciences (RIMS).

Raichur Deputy Commissioner (DC), R Venkatesh said he was brought dead to the hospital as he succumbed en-route. The family members were quarantined and the body was packed as per the protocols and sent to Yadgir as his family members informed that the victim is from the neighbouring district. "In Yadgir district he was swabbed and his test results came positive," DC informed.

As soon as residents of Honagera village learned about the arrival of the body, the family members were harassed asking them to not to bury the body in any of the fields in the village.

Sridevi, a relative of the deceased said "the locals assembled near our house and threatened consequences if the body was brought here. Fearing backlash, we asked the district authorities to perform the last rites in the farmland owned by the victim. But it is now saddening to see the video where the body was inhumanely dragged and dumped."

Meanwhile Karnataka Chief Minister BS Yeddyurappa on Wednesday (July 1, 2020) said that six staff members have been suspended in connection with the inhumane funeral of a man who died of COVID-19 in Balari district.

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Agencies
April 19,2020

French Nobel prize winning scientist Luc Montagnier has sparked a fresh controversy by claiming that the SARS-CoV-2 virus came from a lab, and is the result of an attempt to manufacture a vaccine against the AIDS virus.

In an interview given to French CNews channel and during a podcast by Pourquoi Docteur, professor Montagnier who co-discovered HIV (Human Immunodeficiency Virus) claimed the presence of elements of HIV in the genome of the coronavirus and even elements of the "germ of malaria" are highly suspect, according to a report in Asia Times.

"The Wuhan city laboratory has specialized in these coronaviruses since the early 2000s. They have expertise in this area," he was quoted as saying.

The theory that Covid-19 virus originated in the lab is making rounds for quite some time.

US President Donald Trump last week acknowledged Fox News report that the novel coronavirus may have been accidentally leaked by an intern working at the Wuhan Institute of Virology in China.

The Fox News, in an exclusive report, based on unnamed sources has claimed that though the virus is a naturally occurring strain among bats and not a bioweapon, but it was being studied in Wuhan laboratory.

The initial transmission of the virus was bat-to-human, the news channel said, adding that the "patient zero" worked at the laboratory. The lab employee was accidentally infected before spreading the disease among the common people outside the lab in Wuhan city.

Professor Montagnier was awarded the 2008 Nobel Prize in Medicine for the identification of AIDS virus, with his colleague professor Franeoise Barre-Sinoussi.

His fresh claim on coronavirus, however, received criticism from scientists, including his colleagues.

"Just in case you don't know. Dr Montagnier has been rolling downhill incredibly fast in the last few years. From baselessly defending homeopathy to becoming an antivaxxer. Whatever he says, just don't believe him," tweeted Juan Carlos Gabaldon.

As per a recent Washington Post, two years ago, the US embassy officials in China raised concerns about the insufficient biosafety at the Chinese government's Wuhan Institute of Virology where deadly viruses and infectious diseases are studied.

Though the institute, located quite close to the Wuhan wet market, is China's first biosafety level IV lab, the US state department had warned in 2018 about "serious shortage of appropriately trained technicians and investigators needed to safely operate this high-containment laboratory".

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