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
July 12,2020

Bosnia, Jul 12: Bosnians commemorated on Saturday the massacre of about 8,000 Muslim men and boys in Srebrenica, marking the 25th anniversary of killings that shocked the world and have stood out as Europe's only atrocity since World War Two constituting genocide.

Nine newly identified victims were buried at a flower-shaped cemetery near the town, where tall white tombstones mark the graves of 6,643 other victims.

"After 25 years we succeeded in finding his mortal remains, so they can be laid to their final rest," said Fikret Pezic, who buried his father Hasan.

The remains of some 1,000 victims of the massacre in the eastern town during Bosnia's 1992-1995 war are still missing.

Ifeta Hasanovic decided to bury incomplete remains of her husband, saying: "We were aware they cannot be complete after 25 years, at least there are some, I did not want to make any new delays."

World leaders addressed the ceremony by video link, unable to attend because of coronavirus epidemic. Instead of the tens of thousands visitors who typically attend the commemoration each year, only a few thousand came after organisers banned organised visits.

During the Bosnian war, Bosnian Serb forces pushed non-Serbs out of territories they sought for their Serb statelet. Fleeing Muslims took shelter in several eastern towns, including Srebrenica, that were designated as United Nations "safe zones".

On July 11, 1995, the Serb forces commanded by General Ratko Mladic overran Srebrenica, which was protected by lightly armed Dutch peacekeepers.

They sent women and children away and captured and executed the men and boys they found. The bodies were dumped into mass graves and later exhumed by U.N. investigators and used as evidence in war crimes trials of Bosnian Serb leaders.

"We grieve with the families that tirelessly seek justice for the 8,000 innocent lives lost, all these years later," said U.S. Secretary of State Mike Pompeo. Washington brokered Bosnia's peace deal months after the massacre.

Most people at the commemoration were Muslim Bosniaks, reflecting conflicting narratives about the bloodshed - which hinders reconciliation nearly 25 years after the end of war in which about 100,000 people were killed.

The U.N. war crimes tribunal for the former Yugoslavia convicted Mladic and his political chief Radovan Karadzic over Srebrenica genocide but they remained heroes for Serbs, many of whom deny that genocide happened.

On Saturday, the Serbs in the nearby town of Bratunac organised an event marking July 11 as the "Srebrenica Liberation Day".

Sefik Dzaferovic, the Bosniak chairman of Bosnia's tripartite presidency, called for legislation that would ban denial of genocide.

"There can be no trust as long as we witness attacks on the truth, denial of genocide and glorification and celebration of executors," Dzaferovic told the commemoration gathering.

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coastaldigest.com news network
July 23,2020

Belagavi, Jul 23: As many as 14 persons have been arrested following last night’s violence at Belagavi Institute of Medical Sciences (BIMS) - District Hospital.

Angered over the death of a Covid-19 patient, family members had turned violent and damaged the BIMS with stones and set an ambulance on fire alleging medical negligence. 

The 55-year-old male had been admitted to the hospital for treatment on July 19, for treatment of Severe Acute Respiratory Infection (SARI) and was positive for Covid-19 according to the report received on Wednesday. He died on Wednesday night while being shifted to Intensive Care Unit for treatment of respiratory problems.

Police rushed to the spot and brought the situation under control. Two persons were detained in the spot and 12 persons later. The matter is under investigation and the police have launched a manhunt to nab the other accused.

During the violence, a police personnel and five other hospital staff suffered injuries.

Meanwhile, prohibitory orders under Section 144 CrPC were imposed in the areas surrounding the hospital to prevent crowd gathering. 

Deputy Commissioner M G Hiremath visited BIMS on Wednesday night and held a meeting with the doctors and nurses treating the patients and those who were at the receiving end of the violence.

Hiremath said that he instilled confidence among the doctors and nurses and assured them that safety measures would be taken. Security arrangements will be made and prohibitory orders will be imposed. Presently entry of people has been banned, he said.

Police Commissioner Dr K Thiyagarajan said that cases will be filed against all those responsible for the violence. People whose vehicles have been damaged can also file complaints.

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News Network
April 7,2020

Bengaluru, April 7: Karnataka government on Monday allowed bakeries and related product food units in the state to open and function with minimum staff amid a coronavirus nation-wide lockdown.

A circular issued by Rajendar Kumar Kataria, Secretary to the government said, "The Central government has permitted the functioning of food units engaged in bakery and biscuit, condiments, confectionery and sweet for manufacturing, supply and operating retail outlets with minimum staff/labour."

The circular said these units shall strictly follow the guidelines issued by the Ministry of Health and Family Welfare and Department of Health and Family Welfare, Karnataka government with regard to the preventive measures to be ensured for combating COVID-19.

"It is stated that all employers shall ensure that these units maintain high standard of health, hygiene, sanitation and social distancing. The units shall not permit serving/dining in the premises and only parcel/takeaways are permitted," the circular added.

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