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
May 30,2020

Bengaluru, May 30: The Karnataka government will soon launch a project to maintain the health database of all its citizens, said Medical Education Minister Dr K Sudhakar on Friday.

A first of its kind initiative, the "State Health Register" will be a robust and standardised health repository of all the citizens, as per an official release.

Sudhakar said that the project will be implemented first in Chikkaballapur district on an experimental basis. "Enhanced focus on healthcare has become imperative and our government is committed to providing world-class healthcare to all citizens," he added.

While speaking to media, the minister said that COVID-19 experience has demonstrated the necessity of having robust, real-time public health data and, therefore, there is a need to maintain a repository of health data of each and every citizen.

He said that the government will be undertaking a survey of all 6.5 crore people in the state, by using a team of Primary Health Centre officials, revenue officials, education department staff and ASHA karyakartas.

"They will visit each household and collect health data of all the members of the family. This will not only help the government to provide better healthcare but will also help efficient resource allocation, management and better implementation of various citizen-centric schemes in the state," Sudhakar stated.

"Public-Private Partnership -- It's our vision to provide world-class healthcare to all citizens in the state and we need accurate data to make our vision a reality. The health register is a futuristic project which is taken up in the interest of the people. The project will include 50 per cent partnership of private hospitals. The data collected will help us to prioritise healthcare based on geography, demography and other targetted measures," read the release.

Chief Minister BS Yediyurappa has assured all support for the project and a detailed discussion will be undertaken in the upcoming cabinet meeting, said Dr Sudhakar.

The minister also assured that he is committed to ensuring that all citizens of the state have access to world-class healthcare.

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News Network
April 27,2020

New Delhi, Apr 27: Indian prime minister Narendra Modi has said the monthlong ongoing lockdown has yielded positive results and that the country has managed to save “thousands of lives”.

Modi, who had a videoconference with various heads of the states on Monday, said the impact of the coronavirus, however, will remain visible in the coming months, according to a press statement released by his office. On the issue of getting back Indians who are overseas, the Prime Minister said that this has to be done keeping in mind the fact that they don’t get inconvenienced and their families are not under any risk.

During the meeting with state heads, Modi advocated for social distancing of at least 6 feet and the use of face masks as a rapid response to tackle COVID-19.

He said that states should put their efforts of converting hotspots, or red zones, into “orange and thereafter green zones”.

India last week eased the lockdown by allowing shops to reopen and manufacturing and farming activities to resume in rural areas to help millions of poor, daily-wage earners. But the economic costs of the nationwide lockdown continue to mount in a country of 1.3 billion people.

Modi, who put India under a strict lockdown on March 25, did not say if the lockdown restrictions will extend after May 3.

India has confirmed over 27,000 cases of the coronavirus, including 872 deaths.

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News Network
May 11,2020

Mangaluru, May 11: Hundreds of migrant labourers today gathered at a service bus stand in Mangaluru to return to Uttar Pradesh and Jharkhand.

They were working in different parts of Dakshina Kannada and remained stranded without a job after the announcement of lockdown.

Labourers said that they have not registered with Seva Sindhu portal to avail pass for travelling outside the state.

Though all the people who gathered wore a mask, the physical distancing norm was not followed.

Already three Shramik trains from Mangaluru had left for Jharkhand, Uttar Pradesh and Bihar with nearly 3,500 stranded labourers in the last two days.

The gathered labourers are anticipating that they would be allowed to travel to their destinations in the Shramik trains that will leave in the evening from Mangaluru.

The doctors and paramedical staff who have arrived the spot are checking the health of the labourers before allowing them to travel to the railway station.

The cost of a ticket to Uttar Pradesh is Rs 1,040 per person (which includes bus fare from service bus stand to railway station, food and water bottle).

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