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 9,2020

Mangaluru, Mar 9: A person who arrived at the airport in Mangaluru from Dubai and was admitted to the isolation ward of a hospital with symptoms of coronavirus has gone missing, sources said.

The patient, who arrived on Sunday, was shifted to the district Wenlock hospital with a high fever and a few symptoms of coronavirus.

He reportedly argued with the hospital staff late in the night that he had not contracted the virus and left the hospital saying he will take treatment in a private hospital.

The hospital health officer called up the police and a high alert has been sounded in coastal districts to locate the person who has 'escaped' from the hospital.

Dakshina Kannada district health officer Sikandar Pasha had earlier said the patient will be kept under observation for 24 hours and will be discharged after routine tests.

The district health department on Monday lodged a complaint with the Mangaluru police station and investigation is on.

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News Network
June 7,2020

Bengaluru, Jun 7: An eminent scientist on Sunday suggested a shift system in schools to prevent spread of the coronavirus and continuing with online classes with focus on project-based learning in a big way to promote creativity.

Former Director General of the Defence Research and Development Organisation (DRDO) V K Saraswat supported the idea of online teaching in the absence of regular classes in view of closure of schools due to the COVID-19 pandemic.

But, he said it should be organised in far better and more interactive ways so that delivery of knowledge can be better. The NITI Aayog member stressed the need for schools to have a strategy when they reopen keeping in mind the safety of students.

May be they will have to organise shifts so that within the same space they can handle the students; May be they will have to employ more teachers, and they can run two shifts. "May be half the strength in a class can come in the morning and others in the afternoon.

Or students of first to sixth standard can come in the morning and seventh to tenth can come in the afternoon, Saraswat told PTI. Reopening strategy will have to be worked out by the education department, added the former Chief Scientific Advisor to the Defence Minister.

Along with normal classes, online education should be continued as a regular system in future, and promoted in a big way because that is the way technology is going to help delivery of knowledge, he added. Saraswat also raised the pitch for reforms in the education sector, saying India is facing the problem of rote learning.

Rote learning has to give way for more project-based teaching, he underlined. Children should be made to work on projects at home and that can be done online. That will also support the changeover from rote learning to creative learning.

I personally believe the education delivery system -- primary, secondary and college levels -- has to be completely changed because creativity in India is less and creativity would come only if we replace rote learning with project-based learning, Saraswat said.

On some academics holding the view that the marks-based model is killing the education system in India as it does not promote creativity, he said evaluation of any outcome is important. Even when we perform in our normal way, evaluation cannot be replaced.

Otherwise, you cant find out how much you have succeeded in delivery. Certainly evaluation cannot be dispensed with. He did not agree with some experts, who favoured a single, uniform system for school education in India by dispensing with CBSE, ICSE and state boards. I am not for normalising everything in life.

I personally believe variety should be there. This concept of one kind of a system is okay for a Communist society, society which was trying to drive everybody like a herd, he said.

Creativity comes with variety, and there is nothing wrong in having different kinds of education system, but one thing which is important is we have to integrate vocational training as part of the education curriculum," Saraswat said. Vocational part cannot be kept away from the education system, he added.

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News Network
June 3,2020

Bengaluru, Jun 3: The Karnataka Institute of Medical Sciences at Hubballi has successfully treated a COVID-19 patient through plasma therapy, state medical education minister K Sudhakar said today.

"Karnataka achieves yet another milestone in battle against #COVID19. KIMS Hubli has successfully treated a Covid19 patient through Plasma Therapy & is the first institute in the state to accomplish this. Congrats to KIMS doctors & staff for this feat!" Mr Sudhakar tweeted.

In plasma therapy treatment, plasma cells from a COVID-19 patient, who has recovered from the disease, is transfused to a coronavirus patient who is in critical condition to treat him.

Plasma therapy was effectively used in the past during Ebola and the Spanish flu pandemic.

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