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 2,2020

Bengaluru, Apr 2: A health worker, who was part of a team fighting against the Coronavirus disease in the city, was allegedly attacked by a mob and duped of her belongings at the Sadiq Layout in the Shivajinagar area on Thursday.

According to police sources, the health worker came under attack by a mob of youths when she was collecting data from those who were sick in the locality.

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coastaldigest.com web desk
May 12,2020

Mangaluru, May 12: The first repatriation flight to Mangaluru from Dubai with nearly 180 passengers landed at the international airport here. 

The total passengers, including 88 men, 84 women, five children and two infants arrived by the Air India Express flight IX 384 late Tuesday night, airport sources said.

There were 12 medical emergency cases and 38 pregnant women among them, they said. The district administration had made arrangements for receiving the passengers, who were provided with sanitizers and masks. They were advised to maintain social distancing as per the health protocol.

All the foreign returnees were screened as per the standard operating procedure to ensure that they were asymptomatic.

The passengers were taken to their chosen place of accommodation in KSRTC buses. They will be undergoing a 14-day quarantine in the places, which will be monitored by doctors assigned by the health department. More than 17 hotels and 12 hostels have been arranged for the accommodation of the returnees.

Passengers were also asked to download the mandatory 'Aroygya Sethu' app for contact tracing. Rahul Shinde IAS who is in charge of arranging quarantine facilities, airport director V V Rao and district health officer Ramachandra Bairy were present at the airport.

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coastaldigest.com news network
July 12,2020

Mangaluru/Udupi: A total 237 people tested positive for the novel coronavirus in Dakshina Kannada (DK) and Udupi on Sunday, a day that DK scaled yet another peak with 196 cases and Udupi tallied 41. 

The grim reaper came calling on patients with co-morbidities, harvesting five souls, to take the total tally of deaths in DK to 46. The spurt also saw DK’s tally of positive cases rise to 2,230 and Udupi’s to 1,608.

The 196 fresh cases in DK included 91 cases of influenza like illness (ILI), the cause of infection in 57 people is yet to be known, 20 are primary contacts, 16 are those with severe acute respiratory infection (SARI), 10 are those with international travel history and two are pre-surgery samples, said deputy commissioner Sindhu B Rupesh. The five deceased include three men and two women, the youngest victim being a 50-year-old man and oldest a 72-year-old man.

A total 94 patients were discharged from the designated Covid-19 and private hospitals in the city, taking the total number those discharged to 876, and paring down the number of active cases to 1,309. The commissioner of Mangaluru City Corporation, tested positive for the novel coronavirus on Sunda. Deputy Commissioner (revenue), MCC, a primary contact, has home quarantined himself in the wake of this development.

In neighbouring Udupi, the double-digit blip on the Covid-19 radar included 32 primary contacts, six with inter-district travel history, two with inter-state travel history and one patient with international travel history, said district health officer Sudhir Chandra Sooda. The fresh cases also included four children. The discharge of 28 patients took the total numbers of those discharged to 1,273, and there are 332 active cases now. The district has recorded three deaths due to the pandemic thus far. 

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