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 Networks
March 7,2020

Bengaluru, Mar 7: Karnataka Chief Minister BS Yediyurappa on Friday said that the Upper Krishna Project (UKP) will be completed within the next three years.

Speaking in the Assembly, the Chief Minister said: "After discussing with the officials of the finance department, we have decided to allocate Rs 10,000 crore funds for the third phase of UKP. This project will be completed within a span of three years."

Yediyurappa also said that the government will hold talks for additional funds from the Central government.

The leader of Opposition, Siddaramaiah, interrupted and said that the CM has announced this just to gain the confidence of MLAs from north Karnataka.

"The government could have announced it in the budget itself or else the Chief Minister could have announced it at the time of discussion on the budget. Where are the funds with the government to complete the project? CM has announced this just to gain the confidence of MLAs who hail from north Karnataka," said Siddaramaiah.

Deputy Chief Minister Govinda Karajol while speaking to the media welcomed the Chief Minister's statement and said that the earlier government didn't allocate a single penny in the last seven years he added.

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Agencies
July 23,2020

Bengaluru, Jul 23: A city hospital here has banned woman Covid patients from wearing dupatta (long scarf) or similar garments, after two women committed suicide, said an official on Thursday.

"Two patients committed suicides with their sarees, that's why we have changed the dress code," KC General Hospital superintendent Venkateshaiah said.

As part of the new dress code, the hospital has mandated that women patients should wear operation theatre dress, even though some older patients are not in favour of it.

Incidentally, both the deceased women went to the bathroom and hanged themselves with their sarees.

Meanwhile, the hospital has also asked the neighbouring patients to be vigilant and accompany them to the washroom.

"With the advice of our psychologist, two adjacent patients have been given the precaution that whenever a depressed patient goes to the bathroom, please go with them and stand outside to take care of them," said Vekateshaiah.

Similarly, the hospital is also thinking of giving a small dose of sedation to make them sleep in the night to avoid waking up.

To rejuvenate the spirits of the patients, the hospital has arranged televisions to show them the best health practices, programmes on meditation, movies and entertainment.

"We are not showing them only news, but also good food habits, how to take care of oneself amid Covid," he said.

Amidst all these efforts, the hospital's psychologist will continuously monitor the mental health of the patients with an aim to avoid any untoward incident.

Bengaluru continues to report the highest number of Covid cases, recording 2,050 on Wednesday, raising the city tally to 36,993, out of which 27,969 are active.

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News Network
March 27,2020

Mysuru, Mar 27: A 35-year old man from Mysuru, Karnataka was tested positive for coronavirus infection on Thursday, taking the state-wide count to 52 altogether.

This new case could be an indication that Covid-19 has entered into the third stage of community transmission in Karnataka, as the infected person neither has any travel history nor have been in contact with Covid-affected persons.

The patient works in the quality assurance section of a pharmaceutical company in Nanjangud in Mysuru district, and has been in continuous contact with medical care professionals.

Mysuru DC Mr Abhiram G Shankar informs that detailed investigation is under process.

He is currently undergoing treatment at an isolation ward in a designated hospital in Mysuru. So far his seven primary contacts have been traced and they are under home quarantine, Mr Abhiram Shankar said.

A 35 year old Mysurean, and another 46 year old Keralite, both who had come from Dubai, were the first and second cases tested positive for Covid-19 in Mysuru. They are also currently kept under isolation.

Mysuru district administration has identified 898 international passengers in Mysuru district including 152 in the taluks. Among them, while 149 persons have completed home quarantine period by now, the rest are still in isolation.

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