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
March 3,2020

Bengaluru, Mar 3: Bangalore Metropolitan Transport Corporation (BMTC) on Tuesday issued guidelines to its employees, as per advisory issued by World Health Organisation (WHO), to prevent the spread of coronavirus.

"The BMTC has provided general information on the topic and SOPs for daily life and operations to our employees as per advisory issued by the WHO. The corporation has started a communication campaign about Coronavirus indicating its characteristics, known ways of infection and recommended preventive measures. This information was distributed to the staff, drivers and conductors through Whatsapp, pamphlet and email," informed BMTC.

"The information was also distributed through pamphlets at bus stations. An awareness campaign is being taken up by sharing relevant information through social media," it added.

The BMTC further said that the circular was issued to create awareness among the cleaning personnel who work in depots.

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News Network
May 28,2020

Bengaluru, May 28: In a first of its kind initiative, the Karnataka government will soon launch 'Statewide Health Register', a project to maintain the health database of all its citizens, announced Medical Education Minister Dr K Sudhakar on Wednesday.

The project will kick start from Chikkaballapura and Dakshina Kannada districts.

"With a vision to efficiently deliver quality healthcare to every citizen, Karnataka will soon have a Statewide Health Register. The pilot project will be implemented in Chikkaballapura & Dakshina Kannada dist shortly and completed in 3-4 months. @CMofKarnataka @PMOIndia @JPNadda," tweeted the Minister.

The government plans to get the data collected with the help of a team of Primary Health Centre (PHC) officials, revenue officials, Education Department staff and ASHA (Accredited Social Health Activist) workers.

"They will visit each household and collect health data of all the members of the family. This will not just help the government to provide better health care facilities, but also build an efficient resource allocation, management and better implementation of various citizen-centric schemes in the state," the minister added.

Sudhakar also said that the COVID-19 pandemic has demonstrated the necessity of having a robust, real-time public health system.

"Very few countries in the world have taken such an initiative. It is a futuristic project which will include 50 per cent partnership of private hospitals. It would be a cumbersome process but if we do this and digitise it, the data could be used for multiple purposes. The data would help us prioritise healthcare based on geography, demography, and other targeted measures. It would also help medical professionals and scientists for innumerable studies," he said.

"We have consulted all specialists from 18 different departments, and taken their advice into account," said the minister.

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News Network
July 17,2020

Bengaluru, Jul 17: Karnataka Chief Minister BS Yediyurappa on Friday held a meeting with the Ministers-in-charge of eight zones to take stock of the COVID-19 situation and its management in Bengaluru.

Yediyurappa suggested that it should be ensured that both COVID-19 and other patients get timely treatment. He advised home quarantine for asymptomatic patients and hospitals and COVID Care Centers would provide treatment for those who are severely symptomatic.

He said, Rapid Antigen Testing should be carried out for those who died in the hospital, for immediate delivery of the corpse for funeral arrangements. He also said to conduct Rapid Antigen Test for those who have died at home and take action for the funeral of the dead.

The chief minister said, lockdown is not a solution to COVID-19 control, he made it clear that the government has no plans to continue with the lockdown in Bengaluru.

"To fill the shortage of doctors, the process of filling vacancies is ongoing," he said.

"Volunteers are identified and ambulances are assigned to each ward.  Strict action should be taken if private hospitals do not provide beds to patients," the Chief Minister said.

The chief minister said volunteers and nodal officers would be appointed to provide information on the enrollment and availability of beds to COVID-19 infected persons in private hospitals.

"Welfare pavilions and lodges have been identified in each ward, suggesting the use of quarters to quarantine those who do not have separate rooms," the Chief Minister said.

He said, allocate bed within two hours of the result of the test and the ambulance must take action to take the person to the hospital. The Chief Minister suggested that the system be decentralised, zoned, and monitored.

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