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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coastaldigest.com news network
May 9,2020

Dubai, May 9: A flight scheduled to bring back Kannadigas, especially Mangalureans stranded in Dubai on May 14 has been rescheduled to May 12.

The flight will take off from Dubai at 4.10 pm UAE time and reach Mangaluru International Airport at 9.10 pm IST on May 12, announced Union Minister DV Sadananda Gowda in a tweet.

The flight was earlier scheduled for May 12 and then it was postponed to May 14. Now, it has been rescheduled to May 12.

It is said that constant persuasion from NRIs in UAE led to advance the paid evacuation drive.

In fact, Karnataka was missing in the list of states to receive special flights when Ministry of External Affairs arranged them to bring stranded Indians at UAE. Special flights were arranged only to Kerala and Tamil Nadu people stranded at UAE in the first stage.

Thanks to Karnataka NRI Forum of UAE which opened helpline to seek assistance to Kannadigas, nearly 2000 Kannadigas have registered for assistance in which 127 pregnant women, 27 senior citizens, 700 people who have lost jobs aftermath of coronavirus sought assistance from NRI forum.

In the first flight, priority will be given to people with medical emergency and pregnant women. Once the passengers reach Mangaluru, they will be quarantined in their home districts.

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News Network
January 25,2020

Bengaluru, Jan 25: The local police will provide security for Sri Nijagunananda Swami and his Kittur Nishkal Mantapa Mutt following a letter containing a threat to his life that was received on Friday.

The letter, containing the names of 15 liberal thinkers and activists, was circulated widely on social media and shown on some Kannada TV channels. The letter is addressed to the seer, and it condemns his lectures where he speaks in favour of liberal values.

“The decision to eliminate you will be taken on January 21. You will be eliminated, along with 15 of your followers and people who think like you,” the letter said. 

Among those threatened are Nidumamidi Channammalla Swami, Jnyana Prakash Swami, the former Chief Minister H.D. Kumaraswamy, actors Prakash Raj and Chetan Kumar, writer Chandrashekar Patil, Brinda Karat of the CPI(M) and writer K.S. Bhagavan.

It is not the first time that the seer is getting such threats. Two years ago, Belagavi Police had provided security to the seer following threats to his life. Last year, he got a phone call from a person from Shivamogga district. But the seer did not bother to complain.

This time, the district police will seek a written complaint from the seer. “We will assess the threat perception and the security levels. Adequate security will be provided,” the police said.

The seer is now camping in Jewargi in Kalaburagi district. “We have intimated the Kalaburagi Superintendent of Police of the need for immediate security arrangements. We will take steps to provide adequate security to him once he arrives in Belagavi district,” Superintendent of Police Lakshman Nimbaragi said.

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coastaldigest.com news network
May 23,2020

Mangaluru, May 23: Criticising the Karnataka government's fresh protocol for management of Covid-19 as expensive, a prominent physician in the city has demanded its withdrawal.

According to Dr B Srinivas Kakkilaya, the protocol released by the Health and Family Welfare Department on May 15 enlists unnecessary and unconfirmed tests and treatments. 

The protocol has classified Covid-19 cases into three categories and has provided for hospitalisation of all three categories of patients, from asymptomatic to the most severely ill.

In a letter to the government, Dr Kakkilaya said: "The protocol suggests several investigations to be done right on the day of admission, including blood counts, liver and renal function tests, chest X Ray, ECG, CT scan of the chest, and other special investigations, all of which, if done, will cost Rs 25,000 per patient."

"In the coming days when lakhs of patients are likely to be infected with SARS CoV2, is it necessary and feasible to hospitalise and test all these patients at Rs 25,000 per person," he questioned.

The treatment options suggested in the protocol are also surprising, he pointed out. "The protocol recommends choloroquine, azithromycin, oseltamivir, zinc and vitamin C for all patients, from asymptomatic to the severely ill, and also anti coagulant injections for many patients. All these would cost at least Rs 5,000 per patient. For severe cases of Covid-19, many unproven and experimental treatments have been suggested, which are very expensive and highly questionable," Dr Kakkilaya notes.

Therefore, this protocol, he asserted was not evidence based and likely to do more harm than good. He said these unnecessarily expensive tests and allowing private companies to conduct trials on Covid-19 patients is likely to be misused by vested interests and must be immediately withdrawn, and instead, a protocol that is evidence-based, simple and avoiding unnecessary expenses, must be developed.

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