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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Agencies
June 13,2020

New Delhi, Jun 13: Loss of smell or taste has been added to the list of COVID-19 symptoms, according to the revised clinical management protocols released by the Union Health Ministry on Saturday.

The ministry said that coronavirus-infected patients reporting to various COVID-19 treatment facilities have been reporting symptoms like fever, cough, fatigue, shortness of breath, expectoration, myalgia, rhinorrhea, sore throat and diarrhea.

They have also complained of loss of smell (anosmia) or loss of taste (ageusia) preceding the onset of respiratory symptoms.

Older people and immune-suppressed patients in particular may present with atypical symptoms such as fatigue, reduced alertness, reduced mobility, diarrhoea, loss of appetite, delirium, and absence of fever, the ministry said.

Children might not have reported fever or cough as frequently as adults.

The US's national public health institute, the Centers for Disease Control and Prevention (CDC), had in early May incorporated "a new loss of taste or smell" in the list of COVID-19 symptoms.

According to the data from Integrated Health Information Platform and Integrated Disease Surveillance Programme, portal case investigation forms for COVID 19 (n=15,366), the details on the signs and symptoms reported are (as on June 11), fever (27 per cent), cough (21 pc), sore throat (10 pc), breathlessness (8 pc), Weakness (7 pc), running nose (3pc ) and others 24 pc.

According to the health ministry, people infected by the novel coronavirus are the main source of infection.

Direct person-to-person transmission occurs through close contact, mainly through respiratory droplets that are released when the infected person coughs, sneezes, or talks.

These droplets may also land on surfaces, where the virus remains viable. Infection can also occur if a person touches an infected surface and then touches his or her eyes, nose, or mouth.

The median incubation period is 5.1 days (range 2–14 days). The precise interval during which an individual with COVID-19 is infectious is uncertain.

As per the current evidence, the period of infectivity starts 2 days prior to onset of symptoms and lasts up to 8 days.

The extent and role played by pre-clinical/ asymptomatic infections in transmission still remain under investigation.

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coastaldigest.com news network
August 3,2020

Bengaluru, Aug 2: A total of 5,532 new cases of COVID-19 and 84 deaths were reported in Karnataka in the last 24 hours, the state's health department informed on Sunday.

With this, the Karnataka's COVID-19 tally now stands at 1,34,819 positive cases, including 74,590 active cases and 57,725 discharges.
So far, 2,496 deaths have been reported from the state.

India's COVID-19 count on Sunday crossed the 17 lakh-mark with 54,736 positive cases and 853 deaths reported in the country.

"The total COVID-19 cases stand at 17,50,724 including 5,67,730 active cases, 11,45,630 cured/discharged/migrated and 37,364 deaths," said the Union Health and Family Welfare Ministry.

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News Network
July 16,2020

New Delhi, Jul 16: India’s Covid-19 tally on Thursday jumped to 968,876 after the country reported highest-ever single-day spike in coronavirus cases registering 32,695 new infections in the last 24 hours. According to the government data, India’s Covid-19 death toll stands at 24,915 after 606 fresh fatalities were reported in the last 24 hours.

The number of recovered patients in India stands at 612,814. On Wednesday, the government said that a record 20,572 patients recuperated from Covid-19 disease in the last 24 hours (between Tuesday and Wednesday), taking the country’s recovery rate to 63.24 percent.

While the Covid-19 tally runs in lakhs in states like Maharashtra, Delhi and Tamil Nadu, other states have been reporting a surge in coronavirus infections. Karnataka has reported over 47,000 coronavirus cases till date but its active cases are more that of Delhi. It has overtaken Gujarat as the fourth worst-hit state in the country. Gujarat’s Covid-19 tally stands at 44,552.

Here’s taking a look at the Covid-19 situation across worst-affected states:

Maharashtra

The state Covid-19 tally jumped to 275,640 on Thursday. As many as 152,613 people have recovered from coronavirus in Maharashtra while 10,928 have died.

Tamil Nadu

With 151,820 coronavirus cases, Tamil Nadu is the state with second-highest coronavirus cases in the country and has witnessed 2,167 coronavirus fatalities. The number of patients who have recovered from coronavirus in the state stands at 102,310.

Delhi

The national capital is the third worst-hit in India with coronavirus cases jumping to 116,993 on Thursday. As many as 95,699 patients have recovered from Covid-19 in the national capital while 3,487 have succumbed to the infection.

Karnataka

The South Indian state has witnessed 47,253 coronavirus cases till date and is now the fourth worst-affected in the country. While 928 have lost their lives to the deadly contagion in the state. Nearly 18,466 patients have recovered from the disease in Karnataka.

Gujarat

Gujarat has seen Covid-19 cases reach 44,552 on Thursday. The state has seen 31,286 people recover from coronavirus while 2,079 people have died.

Uttar Pradesh

The Covid-19 tally in Uttar Pradesh has jumped to 41,383 while the number of recoveries has touched 25,743. The state’s death toll has crossed 1,000.

Telangana

The state’s Covid-19 tally stands at 39,342 coronavirus cases. While 25,999 people have recovered from the disease, the Covid-19 death toll has jumped to 386 in the state.

Andhra Pradesh

The state has reported 35,451 Covid-19 patients till date. While 18,378 people have recovered from the virus across the state, the death toll stands at 452.

West Bengal

As many as 34,427 people have contracted Covid-19 in West Bengal till date. The state has seen 20,680 recover from coronavirus while 1,000 people have been killed.

Rajasthan

The state has reported 26,437 Covid-19 cases till date. Covid-19 death toll in Rajasthan stands at 530 while 19,502 patients have recovered.

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