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
April 6,2020

Kottayam, Apr 6: "I will leave this room within a week after defeating you," the braveheart nurse had vowed after contracting the deadly coronavirus while attending to India's oldest COVID-19 survior, expressing unflinching faith in Kerala's health care system.

Last Friday, 32-year old Reshma Mohandas lived up to her promise and walked out holding her head high to her home, where she is now placed under 14-day quarantine, after she and the elderly man and his wife were discharged from the Medical College Hospital here on being cured of th e disease.

Soon after 93-year-old Thomas Abraham, whose recovery has been dubbed as a 'miracle cure' by the medical community, and 88-year old Mariyamma left the hospital, Reshma too headed home but with the resolve to come back and serve the patients after the mandatory two weeks quarantine.

"I will leave this room within a week after defeating you (coronavirus)", Reshma had posted in a WhatsApp group of her friends and colleagues while undergoing treatment in isolation at the hospital.

"I posted that message in the WhatsApp group because I have full faith in Kerala's health system. It is world class," Reshma told reporters from her home.

The nurse, who took care Thomas and Mariyamma since March 12, believes she contracted the disease as she was in close contact with and often talked to the couple, who did not wear masks as it made them uncomfortable.

She said she loved taking care of all their needs.

"I was not tensed at all. I love taking care of elderly people. We used to talk a lot (in the ICU)", she said.

Reshma, who was earlier working in the operating theatre of another section, said she used work for four hours in the ICU before she contracted the virus and was admitted to the same wing as a patient.

"I had close contact with them in the ICU because I paid attention to address their every needs," she said. The first warning sign came on March 23 morning when she had a throat infection.

Reshma immediately alerted the head nurse, who in turn informed the doctors.

She was asked to visit the fever clinic at the Medical College and was later referred to the isolation facility where she took care of elderly novel coronavirus patients.

Some 20 nurses who had come into contact with her were sent to home quarantine.

On March 24, she tested positive.

"I did not have any other complications, barring headache and body pain", she said.

Reshma said she was ready to serve in the isolation facility for COVID-19 patients after 14 days of mandatory home quarantine.

"I am ready to work again in the isolation facility when I return," the feisty nurse, whose husband is an engineer, said.

She was all the more happy that proper medical care at the hospital led to recovery of Abraham and Mariyamma.

Kerala Health minister K K Shailaja telephoned Reshma to express her happiness over her recovery.

The Minister said the news about a health professional contracting the coronavirus was a matter of concern for the state.

In a statement, she hailed Reshma's dedication as a professional and said she had treated elderly patients like her parents, attending to their every need.

The elderly couple, hailing from Ranni village in Pathanamthitta district had contracted the virus from their son, daughter-in-law and grandson who returned from Italy last month, all of whom have also recovered.

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News Network
March 23,2020

Kasaragod, Mar 23: With 19 more positive cases reported on Monday, surveillance against people coming out of their houses and wandering around in public places has been intensified in the district.

With today's addition, the total number of positive cases of Novel Coronavirus (COVID-19) has increased to 38 in Kasaragod.

There will be total restriction in place for the public to step out of their houses. Those who are found outside on the streets would be arrested, caution the district authorities. Please log in to get detailed story.

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News Network
January 25,2020

Bengaluru, Jan 25: Several women have completed a 24-hour protest here against the Citizenship Amendment Act (CAA) and are going strong to stretch it to 48 hours.

"More than a thousand women gathered on the Masjid Road at Frazer Town to denounce the CAA and National Register of Citizens (NRC)," participant and Mount Carmel College student Noor Zahira told IANS.

The women protesters extended their support to the students in Jamia Millia Islamia, the Aligarh Muslim University, the Jawaharlal Nehru University and others who were recently roughed up allegedly by police and masked goons.

Zahira, 20, said the women's protest was planned only for 24 hours but is continuing to touch 48 hours.

Starting 3pm on Thursday, the women, several of them in burqas, niqabs and hijabs, are sitting on the road just outside the Haji Sait mosque in Frazer Town in a flash protest. Though they have informed the police, they did not wait for the permission. Around 11 pm, police arrived and shut off the protesters' loud speakers.

Zahira said already four such women's anti-CAA protests were taken out in Bengaluru. Women from all ages groups have joined the protest and are sloganeering.

As the women are protesting on the road, men are guarding them standing on the opposite road, ensuring all supplies such as food and others to them, she added.

"Muslim women were not alone in denouncing the CAA... we were joined by the transgenders, Hindu women, Christian women, Dalits and others, " she said.

Some of the protesters also indulged in creative work such as composing songs against the CAA and making placards.

Though four anti-CAA women's protests happened at the Town Hall and other landmarks in Bengaluru, they were only a few hours long.

The protesting women are also showing support to women protesters at Shaheen Bagh in Delhi who were accused of demonstrating for Rs 500. However, the protest did not align anti-CAA demonstration with any political party, keeping it apolitical.

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