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 Nerwork
July 4,2020

Bengaluru, Jul 4: Karnataka on Saturday reported its biggest single day spike of 1,839 new COVID-19 cases and 42 related fatalities, taking the total number of infections in the state to 21,549 and the death count to 335, the Health department said.

The day also saw 439 patients getting discharged after recovery; even as 226 patients in the state were undergoing treatment in ICU.

Out of 1,839 fresh cases reported on Saturday, a whopping 1,172 cases were from Bengaluru Urban alone; while 24 of the 42 deaths were from the capital city.

The previous biggest single day spike was recorded on July 3 with 1,694 cases.

As of July 4 evening, cumulatively 21,549 COVID-19 positive cases have been confirmed in the state, which includes 335 deaths and 9,244 discharges, the Health department said in its bulletin.

It said, out of 11,966 active cases, 11,740 patients are in isolation at designated hospitals and are stable, while 226 are in ICU.

Among the 42 dead are six from Bidar, four from Dakshina Kannada, three each from Kalaburagi and Dharwad and one each from Hassan and Bengaluru rural.

Of the 42, twenty-six are men, the bulletin said, adding most of them were with a history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI).

Out of 1,839 cases tested positive today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,172 cases, followed by Dakshina Kannada (75), Ballari (73), Bidar (51), Dharwad (45), Raichur (41), Mysuru (38), thirty seven each from Kalaburagi and Vijayapura, thirty-five each from Mandya and Uttara Kannada.

Bengaluru Urban district tops the list of positive cases, with a total of 8,345 infections, followed by Kalaburagi 1,597 and Udupi 1,276.

Among discharges, Kalaburagi tops the list with 1,189 followed by Udupi (1,103) and Bengaluru Urban (965).

A total of 6,89,526 samples were tested so far, of which 17,592 were tested on Saturday alone.

So far 6,50,876 samples have been reported as negative, and of them 15,294 were reported negative today.

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News Network
June 25,2020

Bengaluru, Jun 25: Secondary School Leaving Certificate (SSLC) examinations commenced in Karnataka on Thursday amid relaxation of COVID-19 lockdown restrictions.

Schools in the state ensured that social distancing norms were followed and other precautionary measures taken at the examination centres. All the students underwent thermal screening at the centres and were provided hand sanitisers and masks.

"Today, 464 students are writing the exam. In every classroom, 20 students will be writing their papers. We have also arrangements two separate classrooms for those from containment zones and those who are unwell," said Sister Sagaimir, Principal, St. Joseph's Convent Girls High School.

"We have been working for the last two weeks to put everything in place for the examination Ensuring they maintain social distancing, wear a mask and sanitise," she added.

In other schools, arrangements at the designated centres were inspected before the exams began.

Yesterday, Medical Education Minister Dr K Sudhakar held a video conference with senior officials to review the preparedness for safely conducting the SSLC examinations scheduled on June 25.

"8,48,203 students will appear for the SSLC examination starting tomorrow in 2,879 centres across the state. All the guidelines issues by state government must be followed strictly" Sudhakar said in the meeting.

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coastaldigest.com news network
May 27,2020

Mangaluru, May 27: Mangaluru MLA U T Khader today urged Dakshina Kannada MP and Karnataka BJP chief Nalin Kumar Kateel to pave the way for immediate repatriation of Mangalureans stranded across Gulf countries.

The development comes amidst reports that lack of preparedness on part of the authorities concerned in Dakshina Kannada compelled the Centre to delay the operation of repatriation flights from various Gulf to Mangaluru International Airport under Vande Bharat Mission.

Lakhs of people from Mangaluru region (coastal Karnataka) alone are working in middle eastern countries like Saudi Arabia, United Arab Emirates, Kuwait, Bahrain and Qatar. Thousands of them are currently stranded thanks to covid-19 lockdown and are helplessly waiting for repatriation.

Speaking to coastaldigest.com, Mr Khader said he already spoke to Mr Kateel and brought to his notice the plight of Mangalureans in Saudi Arabia and other gulf countries. "There are a large number of pregnant women, senior citizens and patients who need immediate repatriation. It is the responsibility of the elected representatives and district administration to pave the way for the repatriation of our people and arrange quarantine facilities for them," he said. 

"Mr Kaeel is not only MP of Dakshina Kannada. He is also the chief of Karnataka's ruling party. Hence, he must play a crucial role in facilitating the return of Kannadigas in general and Mangalureans in particular," Mr Khader said. 

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