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
January 16,2020

Madikeri, Jan 16: Income Tax Department officials on Thursday raided the residence of Kannada actress Rashmika Mandanna at Virajpet in Kodagu District on Thursday.

About 10 IT officials arrived at the residence on Thursday at about 1930 hrs and started searching. The officials have been busy conducting the raid for more than three hours now.

I-T sources said that the search and seizure operations were conducted on suspicion that Rashmika Mandanna had evaded taxes.

Mandanna, 23, is a leading heroine and has acted in several Kannada and Telugu films over the last four years. Her most recent film Sarileru Neekevvaru opposite Mahesh Babu is in the theatres now.

She made her debut in Sandalwood with the film Kirik Party, which was a huge success at the box office. She went on to act in several Kannada and Telugu films in the last two years and has become a huge success in the industry. She has acted in Dear Comrade, Sarileru Neekevvaru, Chalo, Geeta Govindam, Chamak, Yajamana, Anjani Putra and Vritra.

She is currently working in the film Pogaru alongside Dhruva Sarja. She has acted in nine movies in the last two years and has also signed several advertising contracts.

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Agencies
June 15,2020

Bengaluru, Jun 15: Karnataka Chief Minister B S Yediyurappa on Monday said those coming to the state from Chennai and Delhi will have to undergo three days of institutional quarantine followed by 11 days of home isolation.

Up till now a seven-day institutional quarantine was prescribed for those returning from Maharashtra, while there was no mandatory institutional quarantine for asymptomatic people returning to Karnataka from other states.

Those returning from states other than Maharashtra were asked to quarantine themselves at home.

"Those coming from Maharashtra are subjected to seven days of institutional quarantine followed by seven days of home quarantine, while those coming from Chennai and Delhi will have to go for three days of institutional quarantine and eleven days of home quarantine," Yediyurappa said.

Speaking to reporters here, he said the decision has been taken following the increase in the number of coronavirus cases from these states.

"It is because of returnees from other states the cases have increased, not because of the local (intra-state) movement, so we have to control people coming from outside, we have to quarantine them and have to tighten measures.

We are making honest efforts in this regard," he added.

Yediyurappa was speaking to reporters after chairing a meeting with top ministers and officials to discuss about the surge in COVID cases in the state.

"There are no plans for any lockdown, and we will request the Prime Minister for more relaxations," the Chief Minister said in response to a question.

Out of total 7,000 cases in the state 4,386 are returnees from Maharashtra and their contacts are 1,340.

Those who returned from abroad comprise 216.

Returnees from other states constitute- Delhi 87, Tamil Nadu 67, Gujarat 62.

Noting that there are indications that the coronavirus infections are expected to increase in the days to come, Yediyurappa assured people that the government will take all precautionary measures required, and appealed to people to cooperate, follow social distancing, and wear masks.

He said it has been decided to observe the coming Thursday as "mask days" by organising a walk across the state and the main event will be held at Vidhana Soudha, the state secretariat.

"Strict measures will be taken against those not wearing masks and not maintaining social distancing here on.

Initially Rs 200 fine will be imposed, this will be throughout the state," he said.

Further stating that the government has made special efforts to control the spread of COVID, he said a special COVID-19 taskforce has been constituted for Bengaluru and surrounding areas, BBMP (city civic body) commissioner and Deputy Commissioners of neighbouring districts have been asked to pay special attention.

As of June 14 evening, cumulatively 7,000 COVID-19 positive cases have been confirmed in the state, which includes 86 deaths and 3,955 discharges.

Out of 2,956 active cases in the state till last evening, 2,940 patients are in isolation at designated hospitals and are stable, while 16 are in ICU.

Yediyurappa said the state's mortality rate is 1.2 per cent while the national average is 2.8 per cent.

The state's recovery rate is 56.6 per cent and the national average is 51 per cent, he said, adding that 93 per cent of the total cases are asymptomatic while the remaining seven per cent are symptomatic.

In Bengaluru, there are 697 cases and out of them 330 are active. The city has reported 36 deaths.

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News Network
July 26,2020

Bengaluru, Jul 26: A total of 5,199 new COVID-19 cases and 82 deaths were reported from Karnataka on Sunday, the state's health department said.

With this, the total number of coronavirus cases in the state stands at 96,141, including 58,417 active cases and 35,838 recoveries.
So far, 1,878 deaths have been reported from Karnataka.

Meanwhile, India reported a spike of 48,661 cases and 705 deaths in the last 24 hours, said the Union Ministry of Health and Family Welfare on Sunday.

A total of 9,46,777 tests have been done so far and the number of tests per million in the national capital stands at 49,830.

The total COVID-19 positive cases stand at 13,85,522, including 4,67,882 active cases, 8,85,577 cured/discharged/migrated, and 32,063 deaths, it added. 

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