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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Media Release
January 21,2020

Mangalore, Jan 21: Former city councillor and social activists Naveenchandra and social activist Vidya Dinker have been invited to participate in two-day National Level Consultation on Urban Governance which will take place on January 22 and 23 at Juniper Hall, India Habitat Centre, New Delhi.

Urban governance stakeholders of 20 states and one union territory will be participating in this national level consultative seminar. The participants will include elected representatives, NGO representatives and urban planning experts. The seminar is being organised by Mumbai based Prajna Foundation, which has undertaken an in-depth study of the governance of the 20 states and one union territories.

Having served several terms as a corporator of Mangaluru City Corporation, Naveenchandra is knowledgeable in matters relating to urban governance. He is very popular in his constituency. Vidya Dinker is a well known city based social activist. She is the Coordinator, Citizens Forum for Mangalore Development.

Comments

Kedar
 - 
Wednesday, 22 Jan 2020

Vidya Dinker I can understand but Naveen i don't know on what qualifications and credentials he has been selected and to say he is Popular in his constituency is a Misnormer .  Just visit kambla ward once and speak to people and you can understand it better !!!

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News Network
July 8,2020

Bengaluru, Jul 8: Karnataka on Wednesday reported the biggest single-day spike of 2,062 coronavirus cases and a record 54 fatalities, taking the total number of infections to 28,877 and the death count to 470, the health department said.

778 COVID-19 patients were also discharged after recovery in the state.

Out of the fresh cases reported today, 1,148 cases were reported from Bengaluru alone with 22 deaths.

The previous biggest single-day spike was recorded on July 5 with 1,925 cases.

As of July 8 evening, cumulatively 28,877 COVID-19 positive cases have been confirmed in the state, which includes 470 deaths and 11,876 discharges, the health department said in its bulletin.

It said out of 16,527 active cases, 16,075 patients are in isolation at designated hospitals and stable, while 452 are in ICU.

The dead include 22 from Bengaluru urban, Dharwad seven, Ballari four, three each from Hassan and Raichur, two each from Ramanagara, Chikkaballapura, Vijayapura, Tumakuru, Mysuru, and one each from Bidar, Dakshina Kannada, Kalaburagi, Chikkamagaluru and Bengaluru rural.

Among the districts where the new cases were reported, Bengaluru urban accounted for 1,148 cases, followed by Dakshina Kannada 183, Dharwad 89, Kalaburagi 66, fifty nine each from Ballari and Mysuru, Bengaluru rural 37, Ramanagara 34, Chikkaballapura 32, 31 each from Udupi and Haveri, Bidar 29, Belagavi 27, Hassan 26, and 24 each from Bagalkote and Tumakuru.

While Chikkamagaluru reported 23 cases, it was 20 in Mandya, Uttara Kannada 19, Davangere 18, 17 each from Raichur and Shivamogga, Kolar 16, 11 each from Yadgir and Koppal, Gadag five, Vijayapura four, and Chitradurga two.

Bengaluru urban district tops the list of positive cases, with 12,509 infections, followed by Kalaburagi 1,816 and Dakshina Kannada 1,534.

Among discharges, Bengaluru urban tops the list with 2,228 discharges, followed by Kalabuagi 1,351 and Udupi 1,178.

A total of 7,59,181 samples were tested so far, out of which 19,134 were tested on Wednesday alone.

According to the bulletin, so far 7,11,319 samples have been reported as negative, and out of them 16,503 were reported negative today.

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News Network
March 4,2020

Bengaluru, Mar 4: With details of the Bengaluru links of the Covid-19-positive patient from Hyderabad emerging, state health authorities on Tuesday got down to tracking any infection trail he may have left behind before heading home.

Schools from southeast Bengaluru asked parents to send students with masks and hand sanitizers or keep them at home if they had fever. Medical shops in Bengaluru reported panic buying of masks and hand sanitizers.

Two persons with no symptoms — the Hyderabad man’s flatmate in city, and a colleague — reported at Rajiv Gandhi Institute of Chest Diseases and put under watch at the isolation ward. Their test results are expected on Wednesday.

The authorities tracked down 71 people who had come in contact with the Hyderabad man and put them under surveillance. The 24-year-old techie had travelled to Dubai for work on February 15 and returned to Bengaluru on February 20. He attended work on February 20 and 21 before taking a bus to Hyderabad. His flat has been sealed for sanitizing.

According to Telangana officials, at least 36 of the 88 people who came in contact with the techie are showing some symptoms of Covid-19.

Contrary to reports, the infected person was not tested at the KIA since guidelines don’t say flyers from Dubai must be screened. WHO guidelines say identification of the infected person should not be revealed. However, WhatsApp groups were flooded with messages on where the infected person lived and details of his flatmate.

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