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 25,2020

Dubai, Jul 25: The founder of NMC Health, BR Shetty, has had a worldwide freezing order placed on his assets at the request of a lender that claims he has defaulted on a loan of more than $8 million (Dh29.4m).

The order was granted to Credit Europe Bank (Dubai) last month ahead of a claim filed at the DIFC Courts against Mr Shetty, New Medical Centre Trading and NMC Healthcare.

The lender said in its claim they “are jointly and severally liable” for the repayment of money initially secured through a credit agreement in December 2013 and renegotiated in December last year. Credit Europe Bank is an Amsterdam-headquartered institution specialising in trade and commodities finance with operations in nine countries.

The credit agreement was guaranteed by two security cheques which the bank said in its claim were signed by Mr Shetty – one drawn on his personal account and another on the account of New Medical Centre Trading – that have been "dishonoured upon presentation due to insufficient funds".

The bank claimed Mr Shetty “has now fled the jurisdiction of the UAE to India” and that there was a risk of his “substantial” assets in the Emirates being dissipated.

The assets frozen include properties in Abu Dhabi and Dubai, as well as shares in NMC Health, Finablr, BRS Investment Holdings and other companies. It allows for up to $7,000 per week to be spent on “ordinary living expenses and reasonable sum[s] on legal advice and representation”, a DIFC Courts document granting the freezing order shows.

Credit Europe Bank declined to comment when contacted by The National, stating it does not comment on ongoing litigation proceedings. Representatives for Mr Shetty and for NMC Healthcare, which is now being run by administrators Alvarez & Marsal, also declined to comment.

NMC Healthcare was founded by Mr Shetty in 1975 and grew from a single hospital into the UAE’s biggest privately-owned healthcare operator, which employed 2,000 doctors and 20,000 other staff. The company was listed on the London stock exchange and at its peak was valued at £8.58 billion (Dh40bn). However, its shares slumped after short seller Muddy Waters Research issued a report in December 2019 alleging the company had inflated its cash balances, overpaid for assets and understated its debts. This led to a string of damaging revelations by the company, including the fact that its debt was materially higher – at $6.6bn – than the $2.1bn on its balance sheet. NMC Healthcare was placed into administration in April by its biggest creditor, Abu Dhabi Commercial Bank, but its UAE businesses continue to trade as a going concern.

Mr Shetty said in a statement issued in April that he has been a victim of fraud committed by "a small group of current and former executives” at companies owned by him. He said bank accounts were created in his name and transactions were made without his knowledge, and that loans, cheques and bank transfers were also fraudulently guaranteed in his name using his forged signature.

In response to the claim filed by Credit Europe Bank (Dubai) at the DIFC Courts, Mr Shetty says he did not personally guarantee loans made to NMC Trading or NMC Healthcare and that the signatures used on cheques guaranteeing the loans are forgeries. His defence cites the opinion of “Dr Al Bah, an independent, experienced and qualified forensic document examiner”, that someone other than Mr Shetty signed the lending agreements and cheques.

An application by NMC Trading and NMC Healthcare to the DIFC Courts to have the claim against it heard in private for fear of triggering claims by other lenders – the group owes money to around 80 local, regional and international lenders – was dismissed, given that the appointment of administrators at the group and allegations of fraud at the company are already in the public domain.

Both companies have indicated to DIFC Courts that they intend to contest the claim against them.

Comments

UAE Muslim
 - 
Sunday, 26 Jul 2020

give money to RSS now to kill muslim....GOD will turn the table for moran like you BR,...shamed of tulu guy cheated the UAE govennment...not root in hell

ANONYMOUS
 - 
Saturday, 25 Jul 2020

amount should be 8 billion dollar and not 8 million dollar

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News Network
July 28,2020

Bengaluru, Jul 28: Several state Congress leaders, including its President D K Shivakumar, among others, were detained by police as they tried to march towards Raj Bhavan here against the alleged attempts by BJP to topple the party's government in Rajasthan.

Shivakumar, along with Leader of the Opposition Siddaramaiah, state Congress Working President Eshwar Khandre, Salim Ahmed among others were stopped by the police midway as they marched from KPCC office towards Raj Bhavan.

Congress leaders then staged a dharna at the place where they were stopped. Addressing the gathering, Shivakumar accused the BJP of trying to "murder" democracy by destabilizing and removing elected governments.

"We wanted to protest against it and submit a memorandum to the President through the Governor," but the Karnataka government by using police was not letting them proceed towards Raj Bhavan, he said. "Despite our being a peaceful protest, the police stopped us," he said.

Siddaramaiah, echoing similar views, said peaceful protests against injustice was the right of every citizen. Alleging that the BJP was attempting to destabilise and remove the elected government in Rajasthan as it did in Karnataka and Madhya Pradesh, he said the Governor's office there (Rajasthan) was being 'misused'.

The Governor was working like an agent of the central government, he charged. He said, despite repeated appeals by the Rajasthan cabinet, the Governor there had not convened the assembly session, for the floor test to take place and for Congress to prove its majority. Police subsequently detained Shivakumar and some other Congress leaders and took them to a nearby police station.

They were later released. Meanwhile, as the Congress' protest amid Covid19 pandemic did not follow social distancing norms, Medical Education Minister K Sudhakar hit out at that party's leaders. In a tweet Sudhakar said, for Congress leaders getting publicity was more important than social concerns.

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News Network
March 28,2020

Kasaragod, Mar 28: A pregnant Bihari migrant woman in labour gave birth in an ambulance after the Karnataka police allegedly refused to allow the ambulance carrying her to cross the border road to Mangaluru to reach her hospital.

The border road was shut due to the lockdown. The woman used to consult a doctor in Mangaluru across the border.

As Karnataka police stopped the vehicle at the border in Talapady, saying no vehicle, including ambulances from Kerala, could be permitted to their state, the drivers decided to take the woman was taken to the general hospital here, but she went into labour and delivered a baby girl in the vehicle

Both the mother and baby are doing fine, authorities said.

Hailing from Patna in Bihar, 25-year-old Gowri Devi and her husband were working in a local plywood factory in this north Kerala district, from where the maximum number of coronavirus cases have been reported so far in the state.

Those living in the border towns and villages of Kasaragod are dependent on the hospitals in Mangaluru as it is nearer, local people said.

The ambulance drivers- Aslam and Musthafa- said they stopped the vehicle by the wayside, making it safe for the woman. The baby girl and the mother were soon shifted to the government general hospital here and both of them are safe and healthy, they said.

Local people complained that not only pregnant women, but even patients requiring daily dialysis and emergency cardiac and cancer treatment were being sent back by Karnataka.

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