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
May 29,2020

Bengaluru, May 29: The hotel industry is one of the worst-hit industries due to lockdown, along with the tourism industry. Bengaluru's hotel industry has incurred a loss of around Rs 1200 crore during the lockdown period however, the hotels here are likely to open in June if the State government issues guidelines for the resumption of their services.

Speaking to media, PC Rao, President, Bangalore Hotelier's Association said, "It's not only the loss of business, but we have lost the customer base as well. 
We don't expect any good future for the next six months. There will be a slow down in the business even after opening."

"We have requested our CM to give first preference to the hotels. We are going to restart our business in June if granted permission. Around 10 per cent of the hotels cannot open at all. They are in the stage of merging or closing down position. Few hotels may open after five or six months," he added.

He continued saying that many hotels are for sale but there are no buyers. There are around 21,000 restaurants in Bangalore, 3500 hotels with rooms and restaurant which has an average turnover of Rs 20 crores per day, Rao informed.

"We expect losses of around Rs 1200 crores in these two months. We are giving special online training to all the hoteliers and to our managers particularly to deal with the COVID-19 situation, including how to deal with the guests, employees, how to start the hotel services. 

Each and every manager has already been trained and we are still continuing it. We will conduct face to face meeting as well and brief the managers," said Rao.

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News Network
April 18,2020

Bengaluru, Apr 18: The Karnataka government has fixed the cost of test for COVID-19 in private laboratories at Rs 2,250, an official said on Friday.

"Based on the discussions and negotiations, the cost per test has been fixed at Rs 2,250. This includes the screening test and a confirmatory test," said order by Health and Family Welfare Department's Additional Chief Secretary Jawaid Akhtar.

A total of 16 laboratories (11 government and 5 private) have been approved by the Indian Council of Medical Research (ICMR) for testing samples of possible COVID-19 cases in the state.

Realising that early detection of coronavirus cases and timely treatment was the need of the hour, meetings were held to rope in more private laboratories to conduct COVID-19 sample tests.

As per the protocol by the Centre, testing the samples of suspected COVID-19 cases can be taken up in private laboratories subject to conditions which include sharing the lab data pertaining to the diagnosis of COV1D-19 with the state government and with the ICMR on a timely basis.

As per the Union Health Ministry, 353 people have infected from coronavirus in the state of which 83 are cured and discharged and 13 succumbed to the virus.

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News Network
March 27,2020

Bengaluru, Mar 27: With the numbers of COVID-19 optimistic instances rising at an alarming price in Karnataka, the state is on the verge of coming into stage three of the coronavirus epidemic. Which means that the virus is spreading to individuals who haven’t any journey historical past to Covid-19 affected international locations or contact with a COVID-19 optimistic individual with such a historical past.
Consequently, authorities in Karnataka expect a surge in optimistic instances within the coming days. This surge is probably going to come from pockets throughout the state which have a lot of coronavirus suspects, primarily individuals who have returned from Covid-19 affected international locations.

Within the parlance of the corona epidemic fighters, these pockets are referred to as clusters. Bengaluru is one massive cluster with many suspects, a lot of whom are IT professionals who lately returned from Europe, USA and Australia, and many others. The coastal belt is one other cluster, with suspects who’ve lately travelled to Center East. There are different clusters in Karnataka, the place suspects are those that returned after a pilgrimage to Mecca.

Medical schooling minister Ok Sudhakar admitted that the speed of enhance of COVID-19 positives in Karnataka is alarming. For over a month, the state had restricted the variety of optimistic instances to single digits. Nevertheless, within the final 4 days, the quantity has gone up sixfold and Karnataka now has 55 instances, the third largest variety of COVID-19 optimistic instances within the nation.

Dr Sudhakar stated the federal government was changing each authorities hospital right into a quarantine centre to accommodate any variety of optimistic instances.

“Our goal just isn’t to get right into a scenario like Italy, the place the federal government has been lowered to expressing helplessness. In subsequent 20 days, now we have to keep away from moving into such a scenario. I visited Chinnaswamy and Kanteerava stadiums and we’re working out if the stadiums will be transformed into quarantine centres, if warranted,” Dr Sudhakar stated.

The state police are struggling to implement the lockdown due to non-cooperation from some folks. They plan to rope in celebrities to ship throughout the message on social distancing.

Whereas some with home-quarantine seals are discovered roaming within the streets, some nonetheless assume the lockdown is a vacation.

“We’re roping in film stars in addition to sports activities personalities to give out a critical message on COVID-19. If the message goes dwelling, it could assist us management folks to a big extent,” he added.

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