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 25,2020

Bengaluru, Jun 24: Dr K Sudhakar on Wednesday held a video conference with senior officials to review the preparedness for conducting of SSLC examinations safely which is beginning from Thursday.

"8,48,203 students will appear for the SSLC examination starting tomorrow in 2,879 centres across the state. All the guidelines issues by state government must be followed strictly" Sudhakar said in the meeting.

"It is the collective responsibility of officials of all departments to ensure that every student is safe, from the time he or she leaves home for the exam centre and returns home after the exams. The vehicles used to ferry students, where public transport is not available, must be sanitised properly. The surroundings near exam centres, exam halls, toilets must be sanitised properly. Social distancing must be maintained in the exam hall and mask must be provided to all students," he said.

The minister also said that since the students have been asked to arrive at exam centre at 7:30 in the morning, a small biscuit packet must be provided to each student so that they don't feel hungry during the exam and till they return home after the exam.

"Thermal scanning of every student should be done before allowing inside the exam hall. In case there is fever those students must be made to write exam in separate room. Separate exam halls must be arranged for students in quarantine areas and if it's not feasible they must be allowed to write exam in September. District administrations must disseminate information about precautionary measures taken to build confidence among parents," the minister said.

Sudhakar instructed the officials to work in coordination with the Education Department and other departments.

Stating that there are 458 containment zones in Bengaluru, the minister asked the officials to be extra cautious in these areas and make arrangements to ensure health department staff can take students to the nearest health center if anybody is found ill during the exam.

Education Minister Suresh Kumar, Additional Chief Secretary Javed Akhtar, Education Secretary, Secretary of Medical Education Department, BBMP officials, Health Experts and others were present.

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News Network
March 15,2020

Bengaluru, Mar 15: The civic body in Bengaluru has said that gathering at marriage functions should not exceed 100 people in order to curb the spread of coronavirus.

A circular issued by Bruhat Bengaluru Mahanagara Palike (BBMP) dated March 15 said, "All marriage functions pre booked in marriage halls, hotels, Party places, etc. prior to the issue of circular dated March 13, shall be allowed to be conducted subject to the condition that the gathering in the function not exceeding 100 persons."

"The above relaxation is an exception in consideration of the difficulties in rescheduling and cancelling the Marriage event immediately," the circular said.

It said, "The Owners/Management of such locations where Marriages are to be solemnized due to pre booking shall maintain high standards of sanitation and hygiene by periodically cleaning by 10 per cent Sodium Hydrochlorite Solution or any other effective disinfectant the surfaces, floors and exposed areas likely to be touched by the attendants."

"Any person attending the function having any such symptoms like Cough, Cold, and Fever etc. shall be requested for immediately leaving the Programmes," it said.

The civic body further said in the circular, "No fresh bookings of any place for Marriage programme are permitted till further orders. Any bookings on future dates by any organizer, event manager, owner of such property or any other person will be at his own risk and action will be taken against the property or any other person for any kind of bookings before an Order allowing such bookings is issued by a Competent Authority."

"The restrictions imposed are in the absolute interest of Public Health for preventing the Community Spread and outbreak of the disease at mass scale. All other restrictions imposed by order dated March 13 shall stand the same," the Circular added.

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News Network
June 29,2020

Bengaluru, Jun 29: A 99-year-old woman has successfully recovered from coronavirus in Bengaluru, leaving the medical fraternity and her family elated.

The woman had contracted the pathogen after coming in contact with her grandson and was hospitalised on her 99th birthday on June 18.

The woman was taken to the government Victoria Hospital along with her 70-year-old son, daughter-in-law and grandson.

"While we three developed symptoms like cold, cough and fever, my mother remained asymptomatic," the woman's son said.

The family members are still wondering how they got infected by the virus as all except the woman's grandson, were confined to their home most of the time.

Her 29-year-old grandson was the only one who went out to buy groceries.

Initially, the family approached a private hospital nearby for treatment, but they refused to accept COVID-19 patients.

Left with no option, the family got admitted to the Victoria hospital.

"We had reservations about Victoria hospital, but it turned out be a good one.

We did not spend a penny since the day we were admitted and my mother and son fully recovered," the woman's son said.

According to Dr Asima Banu, nodal officer of the Trauma Care Centre at the Victoria hospital, the woman was reluctant to get treatment at the hospital.

"With moral support from doctors and nurses at the Trauma Care Centre, she recovered very fast. She is always positive in life," the doctor said.

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