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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com web desk
July 15,2020

Bengaluru, July 15: The family members of a 67-year-old man, who had developed some symptoms of Covid-19, was in for a rude shock when a “reputed” private hospital in Bengaluru’s Whitefield quoted estimated bill of Rs 9.09 lakh for 10 days.

The elderly man was rushed to Columbia Asia Hospital even before receiving his covid-19 test report. But after a look at the estimated bill, the family chose not to admit him there.

The break-up of the estimated bill included Rs 1.40 lakh for ventilator, Rs 3 lakh for medicines, medical supplies and consumables, Rs 2 lakh for laboratory investigations, Rs 75,000 for room rent, Rs 75,000 towards professional fee, Rs 58,500 for nursing charges, Rs 35,000 for radiology investigations and physiotherapy, and Rs 25,000 for equipment and surgical items.

The hospital authorities reportedly told the family members that the actual bill could be higher in the event of complications, unanticipated extension of stay and comorbidities.

“He was tested on Sunday and we were waiting for the result. On Monday, he started gasping for breath. Columbia Asia Hospital told us they had an ICU bed and we rushed him to the emergency care. When they showed us the estimate, we were shocked,” said Abdul Bashir, a nephew of the patient.

“We then contacted Dr Taha Mateen of HBS Hospital through an NGO ‘Mercy Mission’. We got him admitted there for just Rs 25,000,” he said adding that Hospitals should not take advantage when emotions are running high. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 15,2020

Mangaluru, May 15: Dakshina Kannada saw a record spike in the number of fresh COVID-19 cases today, which triggered panic among the people of the district, which is currently under orange zone.   

According to the mid-day bulletin of the Department of Health and Family Welfare, as many as 16 people from Dakshina Kannada tested positive for the covid-19. 

Among them 15 are the Gulf returnees who were brought by an Air India Express special flight from Dubai to Mangaluru International Airport on May 12. 

As many as 179 repatriates had landed at Mangaluru Airport. Among them 125 are quarantined in Dakshina Kannada, 49 in Udupi and five in Uttara Kannada districts.  

Meanwhile, a 68-year-old woman from Surathkal area in Mangaluru, who is suffering from Severe Acute Respiratory Infection (SARI) was also tested covid-19 positive.

This is the highest number of cases reported in a single day since first case registered in the district on March 22 when Dubai-bound youth from Bhatkal was tested positive. 

With this the total number of covid-19 cases in the district mounted to 50 including five deaths. Many of them have returned home after recovery.

3 members of a family test positive

According to Deputy Commissioner Sindhu B Rupesh, three members of a same family are among 15 gulf returnees who are tested positive.  They are a 45-year-old man, his 33-year-old wife and their 6-year-old child. 

Six among those who tested positive today are above 60 years of age, said the deputy commissioner. 
 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 21,2020

Bengaluru, Jul 21: The total number of Covid-19 cases in Karnataka breached the 70,000 mark on Tuesday as the state reported 3,649 fresh infections, while 61 fatalities took the death toll to 1,464, the health department said.

The day also saw 1,664 patients getting discharged after recovery. Out of 3,649 fresh cases reported on Tuesday, a whopping 1,714 were from Bengaluru urban alone. As of July 21 evening, cumulatively 71,069 Covid-19 cases have been confirmed in Karnataka, which includes 1,464 deaths and 25,459 discharges, the health department said in its bulletin.

It said that out of the 44,140 active cases, 43,557 patients are in isolation at designated hospitals and are stable, while 583 are in Intensive Care Units.

Twenty-two out of 61 deaths reported on Tuesday are from Bengaluru urban, followed by five each from Dakshina Kannada, Mysuru and Dharwad, four each from Kolar and Belagavi, three each from Hassan, Tumakuru and Haveri, Bidar 2, and one each from Chikkaballapura, Chikkamagaluru, Chamarajanagara, Gadag and Vijayapura.

Most of the deceased either had a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI). Out of 3,649 cases tested positive on Tuesday, contacts of the large number of the cases are still under tracing.

Among the districts where new cases were reported, Bengaluru urban accounted for 1,714, Ballari 193, Dakshina Kannada 149, Mysuru 135, Yadgir 117, Uttara Kannada 109, Hassan 107, Kolar 103, followed by others.

Bengaluru urban district topped the list of positive cases, with 34,943 infections, followed by Dakshina Kannada 3,829 and Kalaburagi 2,966. Among discharges Bengaluru urban was on top with 7,476 discharges, followed by Kalabuagi 1,834 and Udupi 1,731.

A total of 10,64,734 samples were tested so far, out of which 43,904 were tested on Tuesday alone, the bulletin said. It said that 19,328 of the 43,904 samples tested today were rapid antigen tests.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.