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
January 23,2020

Bengaluru, Jan 23: City civic body Bruhat Bengaluru Mahanagara Palike (BBMP) levied a penalty of Rs 50,000 on the Karnataka State Cricket Association (KSCA) for using single-use plastic cups during the recent India-Australia one-day international match at the M Chinnaswamy Stadium in Bengaluru.

"Despite many awareness meetings, BBMP has found that single-use plastic cups were used during yesterday's cricket match and has fined KSCA Rs 50,000 as penalty," tweeted the civic body commissioner BH Anil Kumar.

The state cricket association treasurer Vinaya Mruthyunjaya said the civic body gave a general notice without detailed information on plastic use.

"We have been environmentally friendly for the last many years and at all gates, security has made sure no plastic or flex was allowed inside the stadium," Mruthyunjaya told media.

Mruthyunjaya said KSCA sought information from the civic body as to where the single-use plastic cups were found in the stadium during the India-Australia match.

On January 16, KSCA president Roger Binny inaugurated a plastic bottle shredder at the Chinnaswamy Stadium, in addition to other green initiatives at the cricket ground such as solar panels, sub-air system, biogas unit, rainwater harvesting and others. 

Similarly, in December 2019, BBMP cracked down on popular fast food eatery – Adyar Anand Bhavan in HSR Layout and fined the establishment Rs 1 lakh for plastic use.

In October, the BBMP fined eateries including McDonald's in central Bengaluru for using plastic.

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coastaldigest.com news network
May 20,2020

Udupi, May 20: All the six fishermen were rescued from a deep-sea fishing boat, which capsized after hitting a rock near Malpe here yesterday. 

The boat was owned by Reshma Kharvi. The incident occurred while the boat was returning after fishing to Malpe harbor. 

The helmsman lost control over the boat after steering got damaged and hit the rock and damaged. 

The crew of another boat which was near to the sinking boat immediately rushed and rescued six fishermen.

Attempts to rescue the sinking boat using the yet another boat could not materialise. 

The loss is said to be about Rs 80 lakh, including Rs. 5 lakh worth items, including fish, net, and other accessories. The boat ventured from Malpe port on May 14.

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coastaldigest.com news network
July 24,2020

Bengaluru, Jul 24: A government doctor who was turned away by three private hospitals because he could not produce a coronavirus test result passed away today in Bengaluru. Dr Manjunath, who was a frontline COVID-19 doctor, was allegedly turned away by hospitals when he was extremely ill and struggling to breathe.

Dr Manjunath worked in the state Health and Family Welfare department and was based in Ramanagara district, around 50 km from Bengaluru.

D Randeep, a Special Officer with the Bengaluru municipal body BBMP, said that the hospitals that had refused to admit Dr Manjunath would be reported to the health department.

In June-end, Dr Manjunath went to Rajashekhar Hospital in JP Nagar, BGS Global Hospital in Kengeri and Sagar hospital in Kumaraswamy Layout. All three demanded to see his COVID-19 test result but those were still not in at the time, according to his family. His brother-in-law Nagendra is also a doctor with BBMP and in charge of allotting hospital beds, yet he was completely helpless when it came to his own relative.

He was finally admitted to Sagar hospital on June 25 when his family sat in protest on the footpath outside the Dayananda Sagar campus. He was placed on ventilator and later shifted to the Bangalore Medical College and Research Institute, where he died earlier today. The hospital says Dr Manjunath was discharged on July 9 because he wanted plasma therapy.

Six members of his family, including a 14-year-old, tested COVID-19 positive. Most of them have recovered.

Bengaluru has seen several cases of patients being turned away from hospitals in the city. Hospitals say they need Covid test results to know whether to admit patients in the coronavirus ICU or in the general section and to understand treatment protocol.

Mr Randeep said hospitals have been instructed to admit patients even without such a certificate. Notices have been sent to hospitals that fail to comply. The OPD of two private hospitals was sealed for 48 hours when they refused to admit a patient.

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