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 9,2020

Kalaburagi, Apr 9: An FIR has been lodged against the management and staff of Bahamani Super Speciality Hospital here in Kalaburagi allegedly for not following procedures meant to deal with COVID-19 and hiding details of patients with coronavirus symptoms, said District Deputy Commissioner Sharath B on Wednesday.

The district family welfare department official and nodal officer of KPME Kalaburagi took cognisance of the reports that the private hospitals in the district are not informing the government about patients having COVID-19 symptoms and they are only reporting about such cases at the last moment.

"It has come to our light that some private hospitals in Kalaburagi city are hiding information about the patients who are having COVID-19 like symptoms and these cases are not being reported on time to us," said the District Deputy Commissioner.

"We verified the records of these hospitals and it is clear now that they are revealing the serious cases in the last moment when the treatment has not given any help to patients. Only then such cases are bringing to ESI hospital in Kalaburagi. We have taken steps to quarantine the entire staff member of Bahamani hospital. We have taken legal steps against them for non-compliance of the orders issued to them and for not reporting this matter to us at the earliest stage," he said.

A case has been registered under the Disaster Management Act, 2005 column 51, 58 and sections 269 and 188 of the Indian Penal Code.

He further said that two new cases were reported positive on April 8 and one person has succumbed to the infection because he was having a severe respiratory infection.
He appealed to everyone to strictly follow lockdown restrictions and not violate Section 144 at any cost.

Speaking about the attacks on Accredited Social Health Activist (ASHA) and Anganwadi workers, who were given a task to collect travel details of locals in view of coronavirus crisis, Sharath said: "Some of the health workers, ASHA and Anganwadi workers, who have been given a task to going from door to door to verify health status were troubled unnecessarily, saying that they have come to collect data for NRC and NPR."

"They are doing a survey on behalf of the district administration as they have to gather travelling information so that a person can be quarantined to contain COVID-19 spread. There has been an attack, a case has been registered in this regard," he said.

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News Network
January 6,2020

Bengaluru, Jan 6: JD(S) leader H D Kumaraswamy on Monday said he would not get involved in any 'wicked act' of bringing down the B S Yediyurappa-led government in Karnataka, amid claims that 15 to 20 BJP MLAs were ready to come out.

Clarifying that he would not disturb the government, the former Chief Minister said for him, the development of the state was important. "With great difficulty, you (Yediyurappa) have become Chief Minister for the fourth time, (I am) happy, I have nowhere said that I will disturb your government. Even now some people come and ask why I'm sitting silent when 15-20 people are ready to come out of BJP and why don't I make an attempt (to poach them), Kumaraswamy said. Speaking to reporters in Hassan, he sought to know why he should get entangled in that 'sludge' and he was not in a hurry.

"I will not get involved in a wicked act of removing a responsible government like Yediyurappa did. For me the development of the state is important," he said.

Though Kumaraswamy had raised questions about the longevity of the BJP government ahead of the December 5 bypolls, he had even then given clear indications that he would not attempt to pull down the administration as it would affect the development of the state.

The ruling BJP had swept the by-elections by winning 12 of the total 15 seats, helping the Yediyurappa government retain the majority in the Assembly.

With BJP winning 12 of the 15 assembly constituencies, it's numbers went up from 105 (including an independent) to 117, which is well ahead of the halfway mark of 111 in a 223-member Assembly (two seats-- Maski and R R Nagar-- are vacant due to pending litigation in the High Court).

The BJP came to power after the Kumaraswamy-led Congress-JD(S) coalition government collapsed as 17 MLAs had rebelled against the alliance leadership and resigned as legislators, to later favour the saffron party.

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News Network
June 24,2020

Bengaluru, Jun 24: Karnataka Minister of Medical Education Dr K Sudhakar said on Tuesday that the directors of institutions will be held responsible if any there are any complaints and lack of facilities in the treatment of COVID-19 patients.

'Since a couple of days, there are reports in media regarding the admission of COVID-19 patients, lack of hygiene and the supply of sub-standard food to patients. The country is appreciating Karnataka and Bengaluru for controlling the spread of coronavirus. This was possible due to tireless efforts from past several months and these kinds of reports emerging now cannot be tolerated," Sudhakar said.

He added, "There can be no compromise in the treatment of COVID-19 patients. It must be ensured that these kinds of complaints will not be repeated. Directors of hospitals will be held responsible if there are complaints."

The medical education minister further said that asymptomatic patients will be kept in COVID-Care Centres and if they develop symptoms in the care centres, they will be shifted to hospitals for further treatment.

"Since the COVID-19 cases are increasing, private hospitals have been roped in to treat coronavirus patients. Officials have to ensure that beds are reserved and all arrangements are made as per the government order. Guidelines will soon be issued for monitoring asymptomatic cases in COVID care centres," he added.

Karnataka on Tuesday reported 322 fresh COVID-19 positive cases and eight deaths.
According to the state health department, the total number of positive cases has mounted to 9,721 and 150 deaths. So far, 6,004 people have been discharged.

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