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
July 21,2020

Bengaluru,  Jul 21: The salaries of doctors under the National Health Mission (NHM) has been hiked to Rs 45,000 in Karnataka, according to Medical Education Minister Dr K Sudhakar.

Addressing the media on Monday, Dr Sudhakar said that the state government will bear the cost of the hike in salaries of the doctors and added that ASHA workers too will get a hike in their pay soon.

Regarding the COVID-19 management in the state, he further said that testing will be increased in the containment zones.

During a meeting chaired by Chief Minister BS Yediyurappa, the Education Minister said that it had been decided that booth level committees will conduct door to door survey for early detection of influenza-like illness (ILI) and severe acute respiratory infections (SARI), and vulnerable persons.

He also implored private hospitals to admit and treat COVID-19 patients and asked them to not be hesitant in admitting pregnant women.

Karnataka on Monday reported 3,648 COVID-19 cases taking the tally to 67,420, informed the state health department.

According to a bulletin issued by the department, the state recorded 72 more deaths due to COVID-19 with the toll at 1,403 while six patients who tested positive for the infection have died due to non-COVID causes, as of Monday. There are 42,216 active cases in the state.

Comments

Prakash Salins
 - 
Tuesday, 21 Jul 2020

What about the nurses???

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News Network
July 14,2020

Bengaluru, July 14: Ahead of the week-long lockdown in Bengaluru starting from Tuesday night, around 35,000 people have left the city and grocery stores and liquor shops are witnessing a rush with customers thronging to stock up on for the shutdown.

According to transport department officials, labourers from other parts of the state migrated in good numbers from Bengaluru ahead of the lockdown fearing that they would have to face similar challenges as they had to confront during the previous shuttering. 

"Yesterday 35,000 passengers left Bengaluru. The number is big given the fact that we are allowing a limited number of passengers in the buses to maintain social distancing," a KSRTC official said.

Tipplers made a beeline for liquor shops and a senior State Excise official said liquor worth Rs 230 crore was sold on Monday alone.

"There was apparently a mad rush yesterday.India Made Foreign Liquor worth Rs 215.55 crore and 14.83 crore worth beer was sold...," the officer said.

In view of the rising coronavirus cases in the city at an alarming proportion, the government decided to impose lockdown from Tuesday 8 pm till 5 am on July 22.

Later, Dharwad and Dakshina Kannada districts too decided to impose a lockdown for nine days and seven days respectively from Wednesday.

"For the past two days there is an unusual rush of customers in our store," an executive of the Metro Cash and Carry said.

According to him, people are buying grocery items and vegetables with long shelf life such as onion, potato, radish, carrot and beetroot.

A salesperson at the Star Bazaar too said people were thronging the store for the past two to three days.

During the Sunday curfew, Home Minister Basavaraj Bommai said the week-long lockdown will be stringent one and government has made all arrangements to address all concerns ahead of the shutdown.

As many as 19,702 people in Bengaluru have tested positive, of which there are 15,052 active cases, while 4,328 have been discharged.

The number of fatalities as of Monday is 321.

Across Karnataka, 41,581 people have tested positive for coronavirus including 24,572 active cases, 16,248 discharges and 757 deaths since the outbreak of the pandemic in the state.
 

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News Network
July 25,2020

Hubballi,  Jul 25: South Western Railway (SWR) inducted seven lady sub-inspectors (SI) in the Railway Protection Force (RPF), in a first, on Friday. Three more women SI undergoing training in Lucknow are expected to join SWR soon.

According to the Chief Public Relations Officer (CPRO) of SWR, the inducted sub-inspectors are part of 164 women SI cadets who passed out of the RPF training centre in Moula Ali, Hyderabad, after a rigorous training of nine months. They will take care of the security of railway passengers, Railway property, and Railway premises, after resuming their duties.

They will also be responsible for giving special care to the vulnerable sections of society, women, and children while discharging their duties, the CPRO said.

The CPRO also informed that the newly admitted female SIs will be posted to major stations on SWR for regular duties on completion of their two months of practical training over the Zone. Further 120 ladies are undergoing constables training for various training centres across India.

This move is considered a step forward into women empowerment in Railways.

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