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
June 17,2020

Bengaluru, Jun 17: Amid rising COVID cases in the past two weeks, the Karnataka government is planning to increase testing capacity to 25,000 samples a day, said a minister.

"Due to increase in cases in the last two weeks, the government is trying to scale up testing to 15,000 to 25,000 samples per day," said Medical Education Minister K. Sudhakar.

He said people living in crowded places, sanitation workers, street vendors, healthcare workers, police and other frontline staff would be extensively tested.

"It has also been decided to mandatorily test all those who have symptoms of Influenza Like Illness (ILI) and Severe Acute Respiratory Infection (SARI)," he said.

Similarly, all people over 50 with ILI symptoms will be tested.

The health department will also randomly test samples in old containment zones to make sure that the infection is not recurring.

Currently, there are 72 Covid testing labs in the southern state, 41 government operated and 31 private labs.

However, for a few days, the number of Covid tests in the state have plummeted.

On Monday, the health department has tested only 5,362 samples across the state.

Likewise, on Tuesday, only 7,936 samples were tested, diverging from earlier weeks when around 10,000 cases were tested on an average.

In all, 4.57 lakh samples have been tested so far, of which 4.39 lakh have tested negative.

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News Network
January 10,2020

Bengaluru, Jan 10: Working President of Karnataka Pradesh Congress Committee, Eashwar Khandre on Friday said that his party has extended its support to the demand made by the former chief minister of Karnataka, HD Kumaraswamy, that a House Committee should be formed to probe into Mangaluru violence.

Emphasising the need for a judicial probe into the incident, Khandre said, "Congress has always said that the truth should prevail and that there should be a judicial inquiry and investigation by a sitting Supreme Court judge or a High Court judge into the incident."

"We support his (HD Kumaraswamy) statement that a House Committee should be set up to probe into the incident of Mangaluru violence. Two innocent people lost their lives during the anti-CAA protest, it is very unfortunate," he added.

Two people were killed in Mangaluru in the alleged police firing after protests against the Citizenship Amendment Act turned violent on December 19.

The Act grants Indian citizenship to refugees from Hindu, Christian, Sikh, Buddhist and Parsi communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh who entered India on or before 31, 2014.

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News Network
June 4,2020

Udupi, Jun 4: Karnataka Medical Education Minister Dr K Sudhakhar on Wednesday said that he will take up an issue before a high-powered committee on COVID-19 to find out the possibility of imposing lockdown on a particular house of the person infected with the virus instead of sealing down of entire areas.

Talking to reporters here on Tuesday after reviewing the district's prevailing COVID situation, the minister said the concept and modalities of declaring any area as containment zone has undergone changes in the last two months.

"Hitherto, we were declaring the entire area as the containment zone after detection of coronavirus positive cases. Subsequently, the area of the containment zone was decreased from the whole area to a particular street," the Minister said.

"Now, BJP MLA Raghupati Bhat has given a suggestion to seal down a particular house of the positive patient which would be taken up before the high-powered panel. The district administration concerned could supply all essential items to the particular family," he said.

He further said that the Union government has been providing all facilities to all the states to deal with the situation."

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