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
January 2,2020

Bengaluru, Jan 2: Prime Minister Narendra Modi on Thursday slammed states, which have not enrolled with the Pradhan Mantri Kisan Samman Yojana (PMKSY), saying that such petty politics has done great damage to the farming community.

"I expect that in the new year, those states which are not associated with the Kisan Samman Yojana will at least become a part of it this year," the Prime Minister said at a function in Tumakuru where he disbursed Rs 12,000 crore to six crore beneficiaries under the government scheme in one-go.

Also, he gave away the Krishi Karman Award to the selected farmers and distributed fishing equipment to the chosen ones on the occasion. Modi said political considerations by the state governments in implementing the PMKSY has caused severe loss to the poor farmers.

"Such politics has never strengthened the farmers. Our government understood your (farmers') needs, requirements and your aspirations and accordingly tried to implement the schemes," said Modi.

He further said his government never saw agriculture in fragments but in its totality. Claiming his government has ensured that the entire money reached the poor beneficiaries, Prime Minister hit out at the previous governments, when middlemen ruled the roost.

"There was a time when a rupee was rolled out (by the government) for the poor person, only 15 paise would reach him. The middlemen would pocket the remaining 85 paise. "Today, whatever money is dispatched from Delhi, the entire amount directly reaches the bank account of the beneficiary," he said.

He told the gathering about the various initiatives taken by his government to improve the agriculture sector such as completing the pending irrigation schemes, soil health card and 100 per cent neem-coating in urea.

Due to the initiatives of the government, agriculture production has gone up, he said. Speaking about measures in the fisheries sector, the Prime Minister said the sector has been promoted in the villages, financial help given to fishermen, modernisation of boats and building fisheries-related infrastructure have been done.

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News Network
July 22,2020

Bengaluru, Jul 22: Karnataka's Covid-19 task force on Tuesday decided that the state government will regulate the supply of Remdesivir, the drug used in the treatment of coronavirus infected patients, to private hospitals to check black marketing and hoarding.

"Remdesivir which is currently available in the government hospitals will be supplied to private hospitals through the government.

This will help curb black marketing of this drug," Medical Education Minister K Sudhakar's office said in a release.

Along with Sudhakar, other task force members, including Health Minister Sriramulu, Deputy Chief Minister C N Ashwath Narayan and Chief Secretary T M Vijay Bhaskar attended the meeting. However, Home Minister Basavaraj Bommai was not part of it as he was out of Bengaluru.

At the meeting, the government has also fixed the rate for Covid-19 tests in private labs- Rs 2,000 for government referred cases and 3,000 for self-reporting cases.

It was also decided to purchase 4 lakh antigen test kits and 5 lakh swab test kits to ramp up testing, the release said, adding that approvals have also been given for additional drugs for the treatment of Covid-19 patients.

The decisions also included increasing monthly salary for Ayush doctors to 48,000, MBBS doctors to 80,000 and nurses to get 30,000 for next 6 months.

The task force also made it clear that private hospitals have to reserve 50 percent beds for the government for Covid-19 treatment. The remaining 50 percent can be used by the private hospitals for Covid-19 and non-Covid-19 treatment.

Private hospitals provide treatment under Ayushman Bharat scheme (ABARK) for Covid-19 patients.

Those cases in which treatment does not cover under the scheme can be charged as per the user charges, the release said.

A committee will be formed to supervise and recommend the purchase of equipment and medicines for Covid-19 treatment, which will be headed by ACS, ITBT Department.

Approval has been given for the procurement of N-95 masks and lakh PPE kits for the safety of healthcare workers. The decision also has been taken to connect oxygen pipeline to 4,736 beds in 17 government medical colleges, which will enable high flow oxygen for these beds besides being beneficial for future use as well.

According to the release, 16 RTPCR and 15 Automated RNA extraction units will be established to ramp up testing and this will help achieve the target of 50,000 tests per day. "On the whole approvals given for purchase of equipment and upgradation of existing facilities at government hospitals is estimated to be about Rs 500 Crore," it added.

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News Network
May 17,2020

Mangaluru, May 17: A team of staff and students from the Department of Electrical and Electronics Engineering, NMAM Institute of Technology, Nitte, have designed and developed a simple and cost-effective touch-less hand sanitiser dispenser kit at Research and Innovation Centre, Nitte.

According to a release here on Sunday, NITTE said that the most effective medicine for Covid-19 is social distancing, frequent use of sanitiser, and washing hands regularly. In work areas, many people sharing common sanitiser might lead to issues.

The developed product dispenses sanitiser upon sensing the presence of the hand. The product has features like automatic hand detection, indication for power, and sanitiser quantity in the system.

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