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
June 9,2020

Thiruvananthapuram, Jun 9: Malls, restaurants and places of worship opened in Kerala on Tuesday morning after over two-and half months of Coronavirus induced lockdown. There were very few visitors in the malls and restaurants in the early hours and people preferred takeaways in eateries.

Various temples, including the famous Lord Krishna temple at Guruvayoor, a few churches and mosques opened in the state for the devotees. The Guruvayur shrine opened at 9.30 am and around 150 people, who had booked through virtual queue system, offered prayers.

Devotees wearing masks were seen standing adhering to the social distance norm. A faithful at the guruvayur temple said he had booked for darshan on Sunday and was happy to be offering worship after a long gap. "This is a realisation of a dream", he said.

In the state capital while the famed Lord Padmanabha swamy, Pazhavanangadi Ganapathy and Attukal Bhagavathy temples remained shut, the SreekanteshwaraShiva shrine and Lord Hanuman temple near the state assembly were among those which opened for darshan. The names, age and other details of the worshippers are also being collected by the temple authorities before letting people in. Another devotee said it was very painful not to go to the temple and expressed happiness over reopening of the shrines.

The virtual queue booking for devotees to offer worship at the hill shrine of Lord Ayyappa temple at Sabarimala would commence from Wednesday. Devotees from other states have to produce a Covid-19 negative certificate while booking,sources in the Travancore Devaswom Board (TDB), administers the temple, said.

The Ayyappa shrine would open from June 14 to 28 for the five day monthly pooja and temple festival and only 10 people would be allowed inside the shrine at a time, sources said.

Most of the over 1,200 temples under the TDB, have opened while those under the Nair Service Society (NSS), an organisation of the Nair community and few other shrines were shut. The state government, which had come under attack from the BJP and Hindu Aikya vedi for opening the temples in a "hasty manner" has maintained that the decision was taken in line with the Centre's Unlock-1 guidelines and said those opposing the move had earlier wanted devotees to be allowed into the shrines.

As per the centre's Standard Operating Procedures, social distancing should be followed in all the places of worship and devotees should wear face mask are among other precautions in view of the COVID-19 pandemic.

Those above 65 and children below 10 years would not be allowed in places of worship, distribution of food, refreshments and offertory blessings (prasadams), sandalwood paste or ashes should be avoided. Thermal scanners to check body temperatures, sanitiisers, arrangements for washing hands, were all provided in the temples and other places of worship which opened this morning, In churches in the state capital, Kochi and Kozhikode, allowedthe faithful inside after disinfecting the place.

The orthodox church synod is being held on Tuesday which will take a decision on whether or not to open their places of worship. Few mosques were also open in some places.

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Ram Puniyani
February 13,2020

Forthcoming Census and RSS campaign

Currently massive protests are going on against NPR, NCR and CAA. At the same time we are going to begin the process of decadal census in 2021. Already RSS is active in promoting NPR, NCR and CAA. At the same time RSS wants that Adivasis should register themselves as Hindus rather than ticking the column of ‘Others’. As per their spokesperson in the 2011 census many Adivasis groups ticked that column because of which the population of Hindus came down to by 0.7 percent point to come down to 79.8 %. This has sent signals to this Hindu nationalist organization and is planning to ensures that Adivasis tick the column of Hindus in this census.

As such RSS has a very clever attitude in defining the term Hindu. The first formulation was by Savakakar who said that all those who regard the land east of Indus as their Holy land and Father land are Hindus. This left out Muslims and Christians, and brought all others in the ambit of Hindu fold. From the decade of 1980s due to electoral compulsions they have been trying to articulate that all those who are living in India are Hindus. Murli Manohar Joshi stated that Muslims are Ahmadiya Hindus and Christians are Christi Hindus. Recently there was a controversy when they restated that Sikhs are not a separate religion but are a sect of Hinduism. Many Sikh organizations stood up to say that Sikhism is a religion by itself and recalled the book of Kahan Singh Nabha, “Hum Hindu Nahin”

As far as Adivasis are concerned in contrast to what is being planned by Hindu nationalist RSS, many Adivasis groups have been meeting from last couple of years to demand just the contrary. As per them there should be a column where they can tick their identity of Adivasis.  There are active campaigns among Adivasis groups to uphold their Adivasi identity in Census. As per them in the first census which was conducted in Independent India, the column, Aborigines, was there, which was later removed forcing them to club themselves with other religions.

After 1951 in addition to Hindu, Muslim, Sikh, Christian, Jain and Buddha, the column ‘others’ was also there which was removed in 2011. Even during British period if you look at the censuses of the British era (from 1871 to 1931); there was provision for tribes to choose Aborigine as an option. There are nearly 83 religious practices being followed by Adivasis. Few major of these are Sarna, Gondi, Punem, Adi, and Koya. What they share in common is that they are animists, worship nature and spirit of ancestors; do not have priestly class or Holy Scriptures and Gods and Goddesses characteristic of the broad Hindu pantheon.

RSS as per its political agenda of Hindu Nation regards them as Vanvasi. They pontificate that they have been part of Hindu society who were driven away to forests to escape the forcible conversion being done by the Muslim invaders. This concoction is contrary to the interpretations based on the studies from population genetics. The Hindu nationalist argues that Aryans have been the original inhabitants of the country from where they spread to other parts of the World. The book by Tony Joseph, ‘Early Indians’ tells us that away from the race theory, we are all mixed up. The first inhabitants in our land were the ones who emigrated from South Asia over Sixty thousand years ago.

The Indo-Aryans came here nearly three thousand years ago and they pushed the aborigines to the forests and hills and that’s what constitutes the Adivasi community of India.

Hindu Nationalists like all the nationalists who construct their nationalism around their religion claim to be the most original inhabitants of the land, and their interpretations of past are molded according to that. RSS right from beginning has not been using the word Adivasi, it calls them Vanvasi. As per its agenda it wants them to be part of Hindu fold, despite Adivasis themselves saying that they are not Hindus, they have beliefs and practices which are far away from Hinduism in whatever form.

To enhance its political reach from the decades of 1980s in particular its work in Adivasis areas has been intensified. While ‘Vanvasis Kalyan Ashram’, part of RSS Combine which was formed much earlier, it was in the decades of 1980s that their work was jacked up by sending more Pracharaks in Adivasi areas. We see that in Gujarat, Dangs and nearby area, Swami Aseemanand, in MP, centered around Jhabua-the followers of Asaram Bapu and in Orissa Swami Laxmananad stationed them. They saw Christian missionaries working in the field of education and health as an obstacle to Hinduization of Adivasis. Their propaganda against Christian missionaries led to the ghastly murder of Pastor Graham Stains. It was this propaganda which led to anti Christian violence in various forms, the most horrific being the Kandhamal violence of 2008.

In order to culturally co-opt them into the fold of Hinduism they began series of religious congregations, Kumbhs. Shabri Kumbh in Dangs and many other Adivasis predominant areas created an atmosphere of fear, Adivasis were asked to be part of it, saffron flags were distributed and they were made to put it in their houses. Two religious icons were popularized in these areas, one was Shabri and other was Hanuman. To cap it all, Ekal Vidyalayas, started spreading RSS’s interpretation of history in these areas. The other angle of the whole thing is that Adivasis are living in the areas rich in minerals, which the BJP supporter Corporate World wants to take over.

World over aborigines have similar pattern. They are animists and what they practice is a culture as such. Many have converted to other religions out of their choice for sure, but finally in these matters what is important is the self perception. Hemant Soren the Chief Minister of Jharkhand pointed out that “Adivasis are not Hindus. ”Keeping that in mind; the column of Aborigines needs to find its place in our census forms.

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News Network
March 4,2020

Bengaluru, Mar 4: Seeking to allay fear among the citizens in the wake of Coronavirus scare, Karnataka Health Minister B Sriramulu on Wednesday made an appeal to the people not to pay heed to rumours spreading on social media.

In a series of tweets, Mr Sriramulu assured people that the government has taken adequate measures to ensure that the disease does not spread further. "Don't lend your ears to rumours about the Coronavirus in the social media. Rely only on the authentic information," he tweeted.

The minister's tweet came as Bengaluru reported the first case, after a techie from the city with a travel history to Dubai and interaction with Hong Kong-based people there, was admitted to a hospital in Hyderabad.

As panic gripped the city, Mr Sriramulu said the apartment where the software engineer was staying has been sanitised. Besides, his 25 colleagues have been identified. One of them has been admitted to the hospital as a precautionary measure and his blood sample has been sent for lab test.

"So far 40,207 people have been screened at the International airport. 251 blood tests have been done, of which 238 were found negative, while the rest of the reports are yet to come," Mr Sriramulu tweeted.

The health department said three people have been admitted to the isolation ward at the Rajiv Gandhi Institute of Chest Diseases (RGICD).

Meanwhile, a parent appealed to people not to panic about the Coronavirus in the techie's apartment, where his son too resides. "My son is from the same apartment. To update everyone, there is absolutely nothing wrong here. It was more of panic on social media that created this," he said in a message.

He said that the man who is in Telengana and testedpositive stayed in this building on February 21. "His roommate was taken to hospital and has tested negative," he said. It is been two weeks since the incident. The virus cansurvive only for 48 hours under optimal conditions, he noted. "Everyone in this building is safe. Please educate yourself. Refrain from spreading panic and misinformation." he added.

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