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
April 5,2020

Bengaluru, Apr 5: Chief Minister BS Yediyurappa on Saturday said the state government will double down for 100% compliance to the lockdown in the next 10 days, warning action against those found roaming the streets.

Dismissing reports of a shortage of ventilators, he said the state was bringing in reinforcements over the next few days and expressed relief that none of the Covid-19 patients of the state has required a ventilator so far.

"None of the Covid-19 patients are on ventilators; two of them require oxygen," Yediyurappa told reporters after he met ministers and MLAs of Bengaluru and apprised them of steps taken to fight the coronavirus pandemic.

The CM said the government had placed orders for 1,570 ventilators, of which 17 have been supplied and another 20 would arrive by next week. The government has also ordered 18.3 lakh N-95 masks, of which more than 4 lakh have been supplied. To ensure a steady supply of hand sanitiser, manufacturing licences have been issued to 36 pharma companies and 29 distilleries.

While the state readies the medical infrastructure, the CM urged the legislators, cutting across party lines, to ensure full compliance to the lockdown. "If people fail to cooperate with the government and respect the nationwide lockdown, there will be no option but to enforce it in a more stringent manner from Sunday," he said.

As people continue to crowd markets amid growing fears of a shortage of essentials, the CM reiterated that all measures have been put in place to get the supply chain moving. 

He also assured that food will be provided to migrant workers and the poor. "There is enough stock of foodgrains and medicine in the state. The government has set a taskforce of ministers, 17 committees under additional chief secretaries, several helplines and a war room to fight the pandemic and they are all working round the clock," he said. 

The government has also issued direction to authorities to provide rations to those who do not have BPL or APL cards. Since many people from other states have settled in Bengaluru and they don't have ration cards, we have taken this decision," Yediyurappa said.

On reports of many private hospitals being closed and refusing to treat patients, the CM said: "We have already warned private hospitals to remain open and provide treatment to patients failing which strict action will be initiated."

Kisan Nidhi, 2 months' pension by April 10
The CM said an installment of Rs 2,000 under PM Kisan Samman Nidhi Yojana and two months' pension under the various social security schemes will be credited to bank accounts of beneficiaries by April 10. 

The process of crediting subsidy to 15 lakh beneficiaries under Ujjwala Yojana is on, he said.

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News Network
February 23,2020

Udupi, Feb 23: Karnataka's minister for Tourism and Culture CT Ravi on Sunday said that India is losing money as because people travel abroad to visit casinos.

Arguing that casinos are being used by countries to promote tourism, he took to Twitter to highlight the issue, saying, "During my interaction with FKCCI, I had mentioned that many countries have promoted Tourism through Casinos. Isn't it a fact that lakhs of Indians go abroad to play in Casinos? Can anyone stop them? At the moment, there is no proposal before Our Govt to set up Casinos here,' he tweeted in the morning.

He also urged the Central government to stop people from visiting abroad.

Yesterday, the minister had stated that he has no intention of developing "casino tourism" in the state.

"I only expressed my opinion on how other countries have promoted tourism, during a discussion. Casino tourism is one such thing, I have no intention of developing it here," Ravi had told media when asked to comment on Karnataka government's proposal of casinos in Coastal Karnataka.

"What I meant was many Indians go and spend there, our money should be spent here itself," he had said.

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News Network
April 18,2020

Kochi, Apr 18: The Centre on Friday informed the Kerala High Court that there was no immediate plan to bring back the Indian citizens stranded in the Gulf countries due to the novel coronavirus outbreak and that the expatriates had been granted visa extension.

The counsel for the central government made the submission before a division bench comprising justices Rajavijayaraghavan and T R Ravi during the hearing of a plea seeking a direction to bring back Indians stranded in the UAE.

Permission of the Gulf countries was required to send medical teams there to carry out medical examination of the stranded Indians, the counsel said when the court sought to know the Centre's view on Kerala government sending medical teams to the Gulf countries to deal with the issue of COVID-19 disease among Malayalees there.

The court posted the plea for April 21 for consideration after the Central government informed that a similar petition is under consideration of the Supreme Court.

In its plea, Kerala Muslim Cultural Centre (KMCC) in Dubai, the organisation for non-resident Indians from Kerala, sought directions to the Ministries of External Affairs and Civil Aviation to provide exemptions in the international air travel ban to bring back Indians stranded in the UAE.

The petitioners noted that those who return could be kept in quarantine as per the protocol of the World Health Organisation (WHO).

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