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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Agencies
March 6,2020

The rapid spread of COVID-19 across the globe has thrown movement of lakhs of travelers off gear. This has not only impacted pleasure trips of tourists but also business travel resulting in monetary losses worth millions.

In wake of numerous advisories against travel, the travel industry, particularly the aviation sector, has also get badly impacted. Not only traffic on their once popular routes have plummeted but several have to cancel flights to destinations in China and few other South and East Asian countries to prevent becoming carrier of the contagious virus.

According to MakeMyTrip flight bookings for Southeast Asian countries have been significantly impacted but sectors in But US and Europe are only seeing a marginal dip.

More than 95,000 people in 86 countries have been infected with the virus and more than 3,200 people have died. In India so far 31 persons have tested positive for the virus.

So the situation across the globe remains grim with only positives coming from China where fresh infections of COVID-19 has reduced. But does that make travel safer? And what if you still need to travel...are there enough flights available or whether the ticket you procured protects against any unforeseen cancellations?

Here is the situation as it exists :

International flights by domestic carriers:

*Air India and Indigo that run long haul flights have cancelled their flights to Hong Kong and Shanghai and the restrictions may well run into June

*SpicejJet has cancelled Delhi Hong Kong flights till March 28

*Vistara Airlines has cancelled around 54 flights to and from Bangkok and Singapore.

*GoAir suspends flight operations to Dammam, Saudi Arabia after an advisory issued by the Saudi government to not allow non-Saudi residents to enter. It has also suspended flights to Thailand

International flights by global airlines:

*Almost all major airlines operating out of India have suspended flights to China, Korea, Iran, Italy and some to Japan.

*European and American connections provide by airlines such as Lufthansa, KLM, United Airlines from India continues

*JAL is still operating its service to Japan from India

*United, Air Canada, JetBlue, Alaska, American Airlines, Delta, Brutus Airways have suspended flights to China and reduced operations in countries with high Coronavirus infections such as Italy

Domestic airlines:

There have been no restrictions on domestic travel, so far.

What advisories have been issued by authorities that can affect your travel plan :

*From March 9 midnight all air travellers having visited or arriving from Italy and South Korea will require to submit a certificate of having tested nagative from health authorities -designated lab in their countries for Coronavirus at the departure.

*India has also suspended most visas issued to nationals of Japan, South Korea, Italy, Iran and China, as well as suspending visas of any travellers who had been to those five countries since February.

*It has now been decided that all incoming international passengers must declare their travel history to health and immigrations officials at India's airports.

*Arrivals from DGCA list of 12 countries undergo thermal screening, passengers with high temperature taken to quantantine

*Screening to be carried out at 21 airports across the country

*Regular (sticker) visa/e-visa granted to nationals of People's Republic of China, issued on or before February 5, 2020 were suspended earlier. It shall remain in force.

*Those needing to travel to India under compelling circumstances may apply for fresh visa to the nearest Indian Embassy/Consulate," the advisory said.

*An advisory had also directed passengers arriving directly or indirectly from China, South Korea, Japan, Iran, Italy, Hong Kong, Macau, Vietnam, Malaysia, Indonesia, Nepal, Thailand, Singapore and Taiwan to undergo medical screening at the port of entry

Travel Insurance :

*All Indian carriers are offering full refund or bookings to alternate destinations for flights that were booked earlier but are getting cancelled due Coronavirus scare.

*GoAir stated that people have the option of availing a full refund or utilising the booking amount for any future travel with the airline.

*In a travel advisory, Emirates has stated that those wishing to travel to Saudi Arabia will have to contact the Emirates office or their travel agent for refunds.

*Others travellers having expensive insurance cover may get full refunds by the insurance companies if they have included everything under coverage.

*But a larger number of insurers do not provide travel insurance against any pandemics outright. Moreover, any travel plan made now may not get covered for can cancellations due to Coronavirus.

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News Network
April 29,2020

Bengaluru, Apr 29: Janata Dal-Secular leader and former Karnataka chief minister HD Kumaraswamy on Tuesday accused the central government of writing off loans of those who are facing charges of fraud.

In a series of tweets, Kumaraswamy slammed the central government.

"Really? At a time when the whole world is worried about unprecedented economic emergency, writing off Rs 68,000 crore loans of willful big fish defaulters became the best antidote to the economic crisis? And how is 50k cr package to mutual funds going to help the common man?" he tweeted.

In another tweet, Kumaraswamy said that "Billionaire scamsters like Vijay Mallya, Mehul Choksy, Sanjay Junjunwala seem to be very dear to this government".

"Na khaunga, na khane dunga" is yet another jumla unraveled. Billionaire scamsters like Vijay Malya, Mehul Choksy, Sanjay Junjunwala seem to be very dear to this government. The poor are dying by the roadside, farmers are desperate, the middle class is faced with economic doom.

The government has done little to help. But it writes off loans of those who are facing charges of fraud! What patriotism! What nationalism!" he tweeted.

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News Network
May 3,2020

Bengaluru, May 3: Undergraduate and postgraduate students skipping online classes held by their universities run the risk of being debarred from writing their exams. 

State universities, which are monitoring the attendance of online classes, are asking their affiliate colleges to send the monthly online attendance details and this would reflect in their regular attendance. This would apply to those studying professional courses like medicine and engineering. 

State medical education minister Dr K Sudhakar has asked all medical colleges to regularly send attendance details to the Rajiv Gandhi University of Health Sciences (RGUHS).

RGUHS vice-chancellor Dr Sachidanand confirmed to DH that the varsity is indeed monitoring the attendance of students. “Online classes are equal to classroom teaching. (Such method of conducting classes) are necessary during the Covid-19 pandemic and the nationwide lockdown,” he said.

According to the Supreme Court directions, students should have 75% attendance to be eligible to appear for the final exams. There could be relaxations if they have health issues. If students are bunking online classes, it would reflect on their minimum attendance necessary to appear for the exams, the vice-chancellors of state-run varsities said.

Bangalore University vice-chancellor Prof K R Venugopal said most of the students are attending online classes and teachers are messaging the parents of those who are irregular. “(Of course) if they fall short of the minimum attendance, they won’t be allowed to appear for the exams,” he said.

Bengaluru North University vice-chancellor Prof T D Kemparaju said the administration has asked its teachers to record details of students attending online classes and update the university.

Mixed signals 

Meanwhile, the University Grants Commission (UGC) on Wednesday issued guidelines directing all universities to treat the lockdown period as “deemed as attended” for students and research scholars. Experts pointed out that the order would prompt students not to take the online classes seriously.

“Arrangements have been made at the state varsities to make students attend online classes compulsorily and students are also serious about it. Now, because of the UGC guidelines, they may bunk classes,” said the vice-chancellor of a state-run university.

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