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
June 21,2020

Bengaluru, Jun 21: As many as 453 new coronavirus cases were confirmed on Sunday including 196 in Bengaluru alone, taking the total number of infections in Karnataka to 9,150, the Health Department said.

Five more deaths took the toll due to COVID-19 in the state to 137, a bulletin issued by the department said.

An assistant sub-inspector posted in a traffic police station died due to coronavirus on Saturday night taking the number of policemen succumbing to the contagion to three, police said.

The entire police station has been sealed for sanitisation and 25 people including five primary contacts of the deceased have been quarantined at the designated hospitals.

The total number of COVID-19 cases include 5,618 discharges, 3,391 active cases, 137 deaths, four deaths due to non-COVID causes and 77 patients admitted in Intensive Care Units.

The 196 cases confirmed in Bengaluru today is the highest single-day spike ever since the outbreak of the pandemic.

With 64 deaths so far, the city's share in the total fatalities in the state due to COVID is 47 per cent.

The five deaths reported on Sunday included three in Bengaluru.

"Yes. It is a major single day spike in Bengaluru," a health department official told P T I.

Of the total cases reported in Bengaluru, 101 are Influenza-Like Illness (ILI) and 68 are those whose contact tracing is underway.

Apart from 196 in Bengaluru, 40 cases were reported in Ballari, 39 cases each in Kalaburagi and Vijayapura, 18 each in Mysuru and Gadag, 15 in Dharwad, 14 in Bagalkote, 13 in Bidar, eight each in Davangere, Uttara Kannada and Kolar.

The five deaths reported on Sunday consisted of four men and a woman.

In view of the rising cases in Bengaluru, the Chief Secretary on Saturday formed three teams.

According to an order, Principal Secretary in Cooperative department Tushar Girinath will head the team that will ensure shifting the patients from their houses or the institutional quarantine facilities to the designated hospital.

The second team headed by the Karnataka Public Service Commission secretary G Sathyavathi will monitor the containment zone and carry out extensive surveys of people with COVID-19.

The third team is headed by Karnataka State Mineral Development Corporation managing director Naveen Raj Singh and Additional Commissioner of police Hemant Nimbalkar who will ensure social distancing at public places.

These three teams will have senior bureaucrats and top police officers as members.

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March 24,2020

Mangaluru, Mar 24: Amidst uncertainty and fear in the wake of coronavirus outbreak, the prices of vegetables and fruits have shot up in the coastal city of Mangaluru.

Fearing complete closure of shops, people arrived at the market to purchase vegetables in large numbers today morning.

Encashing the situation, the traders too increased the prices of vegetables and fruits.

Tomatoes that were sold for Rs 15 to 20 per kg in the last few days were sold at Rs 40 to 60 per kg. 

Long yard beans were sold at Rs 50 per kg while okra fetched Rs 60 per kg in the market. Onions were sold at Rs 40 to Rs 60 per kg.

Owing to rumours, the price of chicken was reduced to Rs 50 per kg. On Monday, it had increased to Rs 70 to Rs 80 per kg.

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News Network
March 7,2020

Mysuru, Mar 7: Karnataka Minister for Medical Education K Sudhakar on Saturday said that State Government may consider suspending the touch-based Biometric time and Attendance system for its employees in view of the COVID-19 threat.

Speaking to media persons while inspecting the medical infrastructure at KR Hospital here on Saturday, he said that many IT companies have already suspended the Biometric Attendance system in a bid to prevent the spread of the virus. Given the threat perception, the government was also contemplating the same and would consider it. However, he did not specify the date.

With regard to the preparedness to handle the threat, the Minister said the government was extremely cautious since last 20 days and had taken all precautionary measures. “All international passengers at the airport are being screened and so far nearly 1 lakh passengers have been screened and anyone with symptoms will be quarantined for 28 days.’’

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