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
February 25,2020

Bengaluru, Feb 25: In the view of 2nd PUC exams from March 4, the Bangalore Metropolitan Transport Corporation (BMTC) has approved free travel for students from home to exam centre on Monday.

"BMTC has extended free travel facility to all PUC students from their residence to examination centre on production of exam hall/admission ticket," said a press note.

BMTC has been issuing student concessional passes to travel from their residence to college at concessional rates for the benefit of students. 

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News Network
May 19,2020

Bengaluru, May 19: Containment zones in Karnataka will be much smaller in size under the latest lockdown norms. However, rules and loopholes will be tightened and action against violators will be stringent in order to check the spread of the disease.

Revised guidelines issued by the Centre to the state, reveal containment zones are delineated based on mapping of cases and contacts. Intensive action will be carried out in these areas with the aim of breaking the chain of transmission. Therefore, the area of a containment zone should be appropriately defined by the district administration/local urban bodies with technical inputs at local level.

The health department is considering shrinking the size of containment zones from the existing 100 metres to open up more space for economic activities. Medical education minister K Sudhakar, also a member of the Covid taskforce, said additional chief secretary (health department) Javed Akthar will issue a new definition of a containment zone after the Covid-19 taskforce holds its next meeting.

“We are planning to further shrink it and restrict containment zones to an apartment complex, independent house or even a lane where the Covid-19 patient resides,” Sudhakar said. He went on to say bigger containment zones will impede businesses and normal activities in the vicinity, something which the government wants to avoid.

The minister said Karnataka will also do away with colour-coding districts. “With restrictions being relaxed for almost all activities, it does not make sense to pursue with colour codes. It is either containment zone or outside containment zone,” he said.

In rural areas, the minister said containment zones will be identified by the taluk heads. Government sources say it is difficult to restrict activities to certain areas or smaller location in rural areas as farmers and people will have to travel to the outskirts of their villages for their livelihood.

An official said, a containment operation (large outbreak or cluster) is deemed successful when no case is reported in 28 days from the containment zone.

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News Network
June 2,2020

Udupi, June 2: The number of positive cases may continue to be more in Udupi district since the results of more than 3,000 samples are pending with Labs.

The district total cases to 260. The figure had seemed far-fetched on May 15, when the number of cases stood at just three. The latest spike has been attributed to the return of migrants from other States as well as from abroad. These samples are from people who returned to the district in the last two weeks.

This delay is because the laboratories testing samples from Udupi are burdened with a high case-load after more than 8,500 people returned to the district, particularly from the neighbouring state of Maharashtra.

"Samples have piled up after the influx of people returning from other states and from abroad," says Dr Prashant Bhat, nodal officer for COVID-19 in Udupi. This delay has caused returnees in institutional quarantine to stay on for as long as 18 days.

The designated laboratory for coronavirus testing in Udupi is Wenlock District Hospital in Mangaluru. The district administration also sends samples to laboratories at the Kasturba Hospital in Manipal, Yenepoya Medical College, Mangaluru, KS Hegde Medical Academy, Mangaluru, and Viral Diagnostic Laboratory in Shivamogga. Apart from Udupi, the laboratory in Manipal is also testing samples from Uttara Kannada district. The laboratory in Shivamogga is also testing samples from Shivamogga and Bijapur districts. The laboratories in Mangaluru, similarly, have samples from Dakshina Kannada district.

Dr Avinash Shetty, Medical Superintendent of Kasturba Hospital in Manipal, one of the private laboratories being used by the Udupi district administration, said that they are testing samples in batches. "We received around 600 samples today and we will be testing them now. The backlog of samples should be cleared in the next few days," Dr Avinash said.

All 73 cases reported in Udupi on Monday were patients with travel history of returning from Maharashtra or patients with travel history of returning from abroad.

In cases of some patients who tested coronavirus positive in the past week, people were released from institutional quarantine after a stipulated period only to be tracked down again and admitted in hospitals after their results returned positive.

While two such cases emerged in Belapu and Belman in the district, the administration is now following up with others who were released from institutional quarantine to ensure they remain in home quarantine till their test results are confirmed.

The spike in cases among returning migrants in Udupi also comes at a time the Karnataka government reduced restrictions on interstate travel.

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