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 3,2020

New Delhi, Jul 3: Accredited Social Health Activists (ASHAs) in Karnataka have emerged as a "crucial pillar in the state's success" in combating Covid-19, the Union Health Ministry said on Friday.

Acknowledging and praising their work, the ministry said they have been actively participating in household surveys in the state, screening inter-state passengers, migrant workers and others in the community for symptoms of the infection,

“Around 42,000 ASHAs have emerged as a crucial pillar in the state's success” in combating Covid-19, the ministry said.

"Recognizing the increased vulnerability of certain population groups to Covid-19, in a one-time survey to identify households with the elderly, persons with co-morbidities, and immune-compromised individuals, about 1.59 crore households were covered," the ministry said in a statement.

ASHAs regularly monitor such high-risk groups in their area with a periodicity of follow-up visits varying from once a day in the containment zones to once every 15 days in other areas, it said.

They also visit the houses of persons complaining influenza-like-illness (ILI) symptoms and severe acute respiratory infections (SARI), besides high-risk individuals who have called the state health department helpline numbers, the ministry said.

ASHAs are a part of the Rural Task Force, headed by Panchayat Development Officer (PDO) at the Gram Panchayat level, for addressing public grievances on both Covid-19 and non-Covid-19 related services.

ASHAs are trained female community health activists selected from the village itself and accountable to it. They are trained to work as an interface between the community and the public health system.

In the urban areas too, they have been at the forefront of dissemination of various awareness activities in fever clinics and swab collection centres in urban areas.

They have also actively screened cases of ILI and SARI in urban areas. They are also part of the screening teams at international and interstate check-posts.

Karnataka has reported 272 Covid-19 deaths and 18,016 cases, according to the health ministry data updated at 8 AM.

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News Network
July 22,2020

Mangaluru, Jul 22: Institute of Medical Sciences and Research Centre, within the metropolis, has obtained approval from the Indian Council of Medical Research (ICMR) for testing SARS-CoV-2 virus by Real Time RT-PCR technique.

This has given a lift to the prevailing Covid-19 testing services in Dakshina Kannada, according to a press release by the AJ Institute here on Wednesday.

Institute Dean stated that devoted kiosk for pattern assortment has been opened in the hospital. Staff and technicians from the Department of Microbiology have undergone coaching in molecular testing at NIMHANS, Bengaluru.

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coastaldigest.com web desk
June 14,2020

Bengaluru, June 14: Chief Minister B S Yediyurappa-led BJP government of Karnataka has once again urged the Prime Minister Narendra Modi-led union BJP government to release GST compensation worth Rs 10,208 crore that is due for the state.

The request was placed with Finance Minister Niramala Sitharaman during the 40th GST council meeting, in which Karnataka Home Minister and state’s representative to the council, Basavaraj Bommai, participated.

Speaking to reporters after the meeting, Bommai said that Rs 10,208 crore was due from the Centre as GST compensation for four four months - from March to May.

“We have requested the Centre to release Rs 1,460 crore - pertaining to GST compensation for the month of March - as soon as possible due to the dire financial conditions of the state,” he said.

Bommai said that the state was confident that the funds will be released soon, noting that Karnataka had recently received Rs 4,314 in GST compensation for three months, between December 2019 to February 2020.

Meanwhile, the state also proposed the Council to reduce penalty for delay in filing GST. Bommai said that while people are made to pay 18% of the tax as fine in delay in payment, Karnataka has asked the Centre to reduce the percentage by half to 9%.

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