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
June 16,2020

Bengaluru, Jul 16: Karnataka chief minister BS Yediyurappa on Tuesday said he would request Prime Minister Narendra Modi for more relaxations, as he made it clear that Covid-19 lockdown measures were not required in the state anymore.

"The lockdown is not required for Karnataka, we will request for more relaxations," Yediyurappa said in response to a question about video conferencing with the Prime Minister.

Speaking to reporters here, he said, "I will request him (PM) to make way for- people to lead a normal life and for the improvement in the economic situation."

Several services such as metro, theatres, gyms, swimming pools, bars among others continue to remain restricted under unlock 1.0 that is currently in place.

Modi is scheduled to hold a video conference with chief ministers of various states on Tuesday and Wednesday. Yediyurappa is scheduled to take part in the video conferencing on Wednesday.

The chief minister, who took part in the special pooja organised at Shankar Math here to pray for the control of Covid-19, said, the government was making all efforts to control the spread.

"We are taking strong measures and all of us should fight this together," he said, as he highlighted that the government has released the financial assistance amount that was announced for farmers, and was ensuring that it reaches them.

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News Network
April 24,2020

Bengaluru, Apr 24: Karnataka is likely to start Convalescent Plasma Therapy for COVID-19 patients, who are critical, from tomorrow, Medical Education Minister K Sudhakar said here on on Friday. "We have already got approval for Convalescent Plasma Therapy.

There is no need for any special permission for it....when I was in BMC (Bangalore Medical College) I spoke to We may probably start it for the first patient from tomorrow itself. The donor has also agreed," Sudhakar said.

Speaking to reporters here, he said the convalescent Plasma Therapy was only for patients who are critical, in Intensive Care Units or on ventilator. According to the latest update, five COVID-19 patients are in ICUs in the state.

After attending video conferencing by Union Health Minister Harsh Vardhan with health and medical education Ministers of all states, Sudhakar said the Minister lauded the good practices adopted by Karnataka in its fight against COVID-19 and asked to share the same with other states.

Responding to a question, he made it clear that COVID-19 is something that was not going to end by May 3 or by May end and like other viruses, would continue to exist. Sudhakar, who is leading the government's efforts against COVID-19 in Bengaluru and is in charge of the state war room, said many people are treating corona as a social stigma, which was not right.

There was no reason to get frightened about it as the infection can be cured, he said. "We have to take precautions so that it doesn't spread further....like fever, cold and cough- corona also can be cured... 97% people it can be cured, those with comorbidity and those above 60 years have to take some precautions. We have to bring in certain changes in our lifestyle and maintain social distancing," he added.

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News Network
April 7,2020

Bengaluru, Apr 7: Former Minister and Leader of the Opposition Siddaramiah on Tuesday termed the shutting by private clinics in the state by doctors as an 'inhuman act'.

Taking to micro-blogging site Twitter, the Congress leader said due to the fear of Novel Coronavirus, the doctors have closed their private clinics, which was against their profession.

This has affected the people, especially those, who are suffering from other deceases. He urged Chief Minister B S Yediyurappa to intervene and resolve the issue immediately.

Despite the government instructions not to close down their clinics, the doctors have not been responding positively, Mr Siddaramaiah noted.

In this connection, the government should act seriously and give necessary warning to the doctors, to either open their clinics to serve the people, or face action, he added.

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