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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coastaldigest.com web desk
June 25,2020

Bengaluru, Jun 25: In the wake of unexpected surge in the coronavirus positive cases in Bengaluru, the special task force team assigned with the task of creating Covid Care Centres (CCC) has made elaborate arrangements the Haj Bhavan.

Civic authorities have already shifted around 50 Covid-19 patients to Haj Bhavan. 

BBMP Commissioner B H Anil Kumar said on Thursday that due to an increase in the number of cases and due to shortage of beds in hospitals, the Haj Bhavan has been converted into CCC.

Headed by Rajendar Kumar Kataria, Secretary, Horticulture and Sericulture department, the CCC task force has arranged 400 beds at Haj Bhavan. 

“The facility at Haj Bhavan has already been made operational. Doctors, nurses, paramedical and house-keeping staff from BBMP have been deployed as per SOPs. All essential equipment, medicines and other facilities have been made available in adequate numbers at the Haj Bhavan,” Kataria explained.

In the second phase, the task force team has identified hostel rooms of seven engineering colleges, which would fetch about 3,200 beds to house asymptomatic Covid-19 patients. 

If need arises, the task team in the third and final phase, will consider the facilities such as Palace Grounds, Bengaluru International Exhibition Centre, Indoor Stadiums at Kanteerava and Koramangala to be converted as CCC.

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News Network
June 3,2020

Bengaluru, Jun 3: Lack of awareness on rail travel norms led to a tense situation on a Karnataka train as a female passenger was forced to disembark midway after her fellow passengers raised a hue and cry on seeing her knuckle stamped, mistaking it for a quarantine stamp, an official said on Tuesday.

"Many passengers on the train with the woman raised a hue and cry on seeing her stamped and complained to the TTE. She was later disembarked at Tumkur," a South Western Railway (SWR) zone official said.

The woman was travelling from Bengaluru to Belagavi as a transit passenger. Her status as such a passenger was stamped on her knuckle.

However, after some time, her fellow passengers observed her stamped hand and misunderstood that she was violating the quarantine norms.

Without realising that she was just a transit passenger who will be quarantined on reaching her destination, they created pandemonium and complained to the travelling ticket inspector.

"Following the public pressure, she was forcibly disembarked in Tumkur station," said the official.

Incidentally, the railways allows transit passengers to travel.

The official said the TTE would not have been aware of the rules and must have yielded to the passengers' pressure.

Later, the woman was allowed to board another train and reach her destination, the official said.

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News Network
February 24,2020

Bengaluru, Feb 24: Census authorities in Karnataka have requested deputy commissioners in the state’s districts to hold outreach and awareness campaigns about the National Population Register (NPR), as they fear misgivings about the exercise could hurt the forthcoming enumeration of population.

The house-listing phase of the Census and updating of NPR will be rolled out simultaneously by mid-April in the BJP-ruled state.

About 1,50,000 enumerators will handle the massive exercise.

Officials believe widespread awareness will help address concerns about the NPR data-gathering process and make people cooperate with enumerators when they visit houses for both NPR and census work.

“Sensing the kind of questions that enumerators may face when they do house visits, in all video conferences with deputy commissioners of districts, we have requested to establish contact with local representatives,” SB Vijay Kumar, director of Census Operations in Karnataka told news agency. “We have asked them to organise outreach programmes to ensure that people’s doubts are resolved before the information gathering work begins,” he added.

Census operations are handled by the Union home ministry. Several district officials are said to have raised concerns about the possibility of people refusing to share information when the work on the census and NPR begins in two months. This would affect the quality of the census work, making the exercise incomplete.

news channel earlier reported that people in parts of Karnataka had declined to share personal information with officials visiting households in connection with government programmes, suspecting them of gathering data for the yet-to-be unveiled National Register of Citizens, following enactment of the Citizenship Amendment Act (CAA) recently.

Kumar said district authorities will train and sensitise enumerators to tread carefully while gathering information. Enumerators will be told not to demand information but seek it gently.

“We will tell enumerators to proactively engage with people. For instance, if an old man in a village does not know his exact date or place of birth, the enumerator may engage in a conversation with the person that may elicit some anecdotes and roughly establish the year and the place of birth,” the census director said.

As of now, the NPR questionnaire has 21queries, but officials say it has not yet been finalised.

With most of the census and NPR data gathering and storage happening digitally this time, the challenge before census officials is to convince people that the data would remain safe.

“Individual data is sealed and all that we can see is collective data. The information is consolidated and tailor-made. We are telling district officials to create awareness about data safety as well,” Kumar said.

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