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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February 26,2020

Mumbai, Feb 26: Maharashtra cabinet minister and Congress leader Aslam Shaikh on Wednesday said that former chief minister Devendra Fadnavis made an irresponsible statement regarding the Shiv Sena-led state government's 'silence' on AIMIM leader Waris Pathan's remark. He added that as the incident took place in Karnataka, Fadnavis should ask Chief Minister BS Yediyurappa about the matter.

"This is an irresponsible statement given by Devendra Fadnavis. He should ask the same question to the Chief Minister of Karnataka where the statement was given," Shaikh said.

"Fadnavis should ask the same question to the Union Home Minister Amit Shah that why has he not been able to control the violence going on in Delhi," he added.

Earlier, on Tuesday, targeting Shiv Sena's silence over the recent controversial remark by Waris Pathan, Fadnavis said the Uddhav Thackeray-led party might be "wearing bangles" but the BJP was not and knew how to retaliate in the same manner.

"Shiv Sena might be wearing bangles but we are not. If someone says something then he will be given an answer in the same way. BJP has this much power," said Fadnavis while launching a scathing attack on ruling-Shiv Sena in Maharashtra for not taking strict action against Pathan.

On February 20, while addressing an anti-CAA rally, at Kalaburagi in Karnataka, Pathan had said, "Time has now come for us to unite and achieve freedom. Remember we are 15 crores but can dominate over 100 crores."

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News Network
May 31,2020

Bengaluru, May 31: Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

PHASE I

The activities will be allowed with effect from June 8 at religious places/places of worship for public, hotels, restaurants, and other hospitality services, shopping malls.

PHASE II

For the opening of schools, colleges, educational/training/ coaching institutions, the State government will hold consultations at the institution level with parents and other stakeholders. Based on the feedback, a decision on the re-opening of these institutions will be taken in the month of July.

PHASE III

Based on the assessment of the situation, dates for re-starting activities will be decided -- international air travel of passengers, except as permitted by MHA, Metro Rail, cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places, social/political/spoils/ entertainment/academic/cultural/religious functions and other large congregations.

The State government said that it will follow the MHA's national directives for the coronavirus management, including compulsory use of face masks and social distancing norms.

"Face coverings are compulsory in public places, workplaces and during transport. Individuals must maintain a minimum distance of 6 feet in public places. Shops will ensure physical distancing among customers and will not allow more than 5 persons at a time," read the directives issued by the MHA.

In the order, State government has said that night curfew will continue to remain in force on the movement of individuals for all non-essential activities outside containment zones till June 30.

Lockdown limited to Containment Zones

* Lockdown shall continue to remain in force in the Containment Zones till June 30.

* Containment Zones will be demarcated by the district authorities after taking into consideration the guidelines of Department of Health and Family Welfare, Government of Karnataka.

* In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining a supply of essential goods and services.

* In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of the Department of Health and Family Welfare, Government of Karnataka shall be taken into consideration for the above purpose.

* District authorities/BBMP authorities may also identify buffer zones outside the Containment Zones, where new cases are more likely to occur. Within the buffer zones, restrictions, as considered necessary, may be put in place by the District authorities.

Movement of persons, goods

* There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/approval/e-permit will be required for such movements.

* Based on reasons of public health and assessment of the prevalence of Covid-19 in various States separate orders will be issued by the Health and Family Welfare Department regarding the inter-state movement of persons to Karnataka.

* Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

The State Government in its guidelines advised persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, to stay at home, except for essential and health purposes.

Guidelines for Aarogya Setu App

* Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

* With a view to ensuring safety in offices and workplaces, employers on best effort basis should ensure that Aarogya Sew is installed by all employees having compatible mobile phones.

* District authorities and BBMP Authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app. This will facilitate timely provision of medical attention to those individuals who are at risk.

Union Ministry of Home Affairs (MHA) on Saturday said that lockdown will continue in containment zones till June 30 and only essential activities will be allowed in those areas.

"Lockdown shall continue to remain in force in the containment zones till 30 June. In the containment zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining the supply of essential goods and services. In the containment zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required," MHA said in its guidelines for #Unlock1.

It also issued new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1."

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Agencies
February 20,2020

India ranked 77th on a sustainability index that takes into account per capita carbon emissions and ability of children in a nation to live healthy lives and secures 131st spot on a flourishing ranking that measures the best chance at survival and well-being for children, according to a UN-backed report.

The report was released on Wednesday by a commission of over 40 child and adolescent health experts from around the world. It was commissioned by the World Health Organization (WHO), UN Children's Fund (UNICEF) and The Lancet medical journal.

In the report assessing the capacity of 180 countries to ensure that their youngsters can survive and thrive, India ranks 77th on the Sustainability Index and 131 on the Flourishing Index, it said.

Flourishing is the geometric mean of Surviving and Thriving. For Surviving, the authors selected maternal survival, survival in children younger than 5 years old, suicide, access to maternal and child health services, basic hygiene and sanitation, and lack of extreme poverty.

For Thriving, the domains were educational achievement, growth and nutrition, reproductive freedom, and protection from violence.

Under the Sustainability Index, the authors noted that promoting today's national conditions for children to survive and thrive must not come at the cost of eroding future global conditions for children's ability to flourish.

The Sustainability Index ranks countries on excess carbon emissions compared with the 2030 target. This provides a convenient and available proxy for a country's contribution to sustainability in future.

The report noted that under realistic assumptions about possible trajectories towards sustainable greenhouse gas emissions, models predict that global carbon emissions need to be reduced from 39·7 giga­ tonnes to 22·8 gigatonnes per year by 2030 to maintain even a 66 per cent chance of keeping global warming below 1·5°C.

It said that the world's survival depended on children being able to flourish, but no country is doing enough to give them a sustainable future.

"No country in the world is currently providing the conditions we need to support every child to grow up and have a healthy future," said Anthony Costello, Professor of Global Health and Sustainability at University College London, one of the lead authors of the report.

"Especially, they're under immediate threat from climate change and from commercial marketing, which has grown hugely in the last decade," said Costello – former WHO Director of Mother, Child and Adolescent health.

Norway leads the table for survival, health, education and nutrition rates - followed by South Korea and the Netherlands. Central African Republic, Chad and Somalia come at the bottom.

However, when taking into account per capita CO2 emissions, these top countries trail behind, with Norway 156th, the Republic of Korea 166th and the Netherlands 160th.

Each of the three emits 210 per cent more CO2 per capita than their 2030 target, the data shows, while the US, Australia, and Saudi Arabia are among the 10 worst emitters. The lowest emitters are Burundi, Chad and Somalia.

According to the report, the only countries on track to beat CO2 emission per capita targets by 2030, while also performing fairly – within the top 70 – on child flourishing measures are: Albania, Armenia, Grenada, Jordan, Moldova, Sri Lanka, Tunisia, Uruguay and Vietnam.

"More than 2 billion people live in countries where development is hampered by humanitarian crises, conflicts, and natural disasters, problems increasingly linked with climate change," said Minister Awa Coll-Seck from Senegal, Co-Chair of the commission.

The report also highlights the distinct threat posed to children from harmful marketing.

Evidence suggests that children in some countries see as many as 30,000 advertisements on television alone in a single year, while youth exposure to vaping (e-cigarettes) advertisements increased by more than 250 per cent in the US over two years, reaching more than 24 million young people.

Studies in Australia, Canada, Mexico, New Zealand and the US – among many others – have shown that self-regulation has not hampered commercial ability to advertise to children.

Children's exposure to commercial marketing of junk food and sugary beverages is associated with purchase of unhealthy foods and overweight and obesity, linking predatory marketing to the alarming rise in childhood obesity, it said.

The number of obese children and adolescents increased from 11 million in 1975 to 124 million in 2016 – an 11-fold increase, with dire individual and societal costs, the report said.

To protect children, the authors call for a new global movement driven by and for children.

Specific recommendations include stopping CO2 emissions with the utmost urgency, to ensure children have a future on this planet; placing children and adolescents at the centre of global efforts to achieve sustainable development, the report said.

New policies and investment in all sectors to work towards child health and rights; incorporating children's voices into policy decisions and tightening national regulation of harmful commercial marketing, supported by a new Optional Protocol to the UN Convention on the Rights of the Child, it said.

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