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 16,2020

Bengaluru, Jul 16: Karnataka Medical Education Minister K Sudhakar on Thursday paid a surprise visit to the C V Raman Hospital in Bengaluru and urged the administration to follow COVID-19 guidelines properly. He also took stock of the hospital's preparedness to fight the deadly virus.

The minister noticed a number of flaws and warned the hospital to go strictly by the guidelines. He saw that despite 15 high-flow oxygen beds lay vacant, only two patients were admitted. He then asked the hospital to send asymptomatic and mildly symptomatic patients to COVID-19 care centres so that beds were available to those who need these.

"Doctors' profession is a noble one and in a situation like this everyone should perform their duty with utmost humanity and compassion. During this crisis, we should all be kind and empathetic," the minister said. He also ordered the suspension of two officials for not following the guidelines and not giving the right treatment to patients.

He noticed that the hospital lab collected less number of swabs and instructed them to collect a minimum of 500 swabs per day. Pointing out the under-utilised beds and ICUs, he observed that because of such negligence by officials, the government is being blamed despite working day and night for the past four-five months.
During this visit, the minister also interacted with the patients through video call and enquired about the services provided to them by the hospital.

"Surprise visits will continue. I will be in touch with every lab and get the right number of tests done on a daily basis," the minister said while speaking to the media.

He also urged the people who have recovered from COVID-19 to donate their plasma to save other lives, adding that donors will receive a reward of Rs 5000 as a token of appreciation.

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News Network
January 16,2020

Bengaluru, Jan 16: Senior Congress leader K J George on Thursday appeared before the Enforcement Directorate officials here in connection with a FEMA case.

The former minister is being investigated by the ED for probable violation of provisions of the Foreign Exchange Management Act.

The ED had recently issued summons to George.

Speaking to reporters after appearing before the ED, George said he has answered to the officials' queries and will cooperate further also.

"ED had issued me summons, as a law abiding citizen, I have answered and gave documents to whatever they asked.

Further also if they call me...I will cooperate and provide necessary documents," he said, without divulging any details.

George clarified that no summons has been issued by the ED to members of his family.

"If required they (ED officials) will call me again, and I'm ready to cooperate," the congress leader added.

Last year, the president of the Karnataka Rashtra Samithi Ravi Krishna Reddy had complained to the ED seeking a probe into the alleged money laundering and properties held by George and his family members in the United States.

Responding to a question about a defamation case filed by him against those who have levelled the allegations, George said "Just because ED has called me for questioning, I'm not proved guilty."

"Anyone can complain to agencies like the Income Tax or ED or Lokayukta, but my only objection is with going to the press to project someone as guilty," he said.

"...going to the press with an intention to do a propaganda against me..someone who is in public life-- to project me as guilty is wrong, so I have filed defamation case stating the allegations are false," he added.

George is the third senior Congress leader from Karnataka to face an ED probe after D K Shivakumar and B Z Zameer Ahmed Khan.

Shivakumar was arrested by the agency in a money laundering case and was kept in Tihar Jail, until he got bail in October, while Khan was summoned in connection with the multi-crore IMA group Ponzi scam case.

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News Network
July 17,2020

Bengaluru, Jul 17: Lashing out at Chief Minister BS Yediyurappa-led government over the handling of coronavirus crisis, Karnataka Congress chief DK Shivakumar on Thursday demanded Governor's rule in the state. He also took a dig at Health Minister B Sriramulu's "Only God can save us" remark.

"I heard the statement of Sriramulu and Sudhakar. They have said that they cannot manage this (coronavirus crisis) and they leave it to God who can save Karnataka. If such is the case, they could not solve the problems of the people of Karnataka. It is time now they must resign and let the Governor's rule come into force. The time has come for all of them to step down," Shivakumar said.

Taking to Twitter, Sriramulu said that the KPCC president misinterpreted his statement.

He said that Opposition allegations of negligence and incapability of the government and irresponsibility of ministers are "far from the truth".

The minister said that people should be made aware of the prevention of coronavirus as it plays a very important role in the prevention of infection.

"Here are the cautioning words, 'If you stumble, only God has to save us.' The government, our Chief Minister BS Yediyurappa and ministers are working day and night. We are working for the people, to effectively face this century's challenge," he tweeted.

As many as 4,169 new COVID-19 cases and 104 deaths were reported in Karnataka on Thursday, taking the total number of cases to 51,422 cases including 19,729 recoveries and 1,032 deaths.

Bengaluru reported 2,344 new cases and 70 deaths in the last 24 hours, according to the state health department.

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