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 5,2020

Bengaluru, Apr 5: An elderly couple from Bengaluru

with a travel history to Dubai joined the list of coronavirus patients in the state, taking the total number of cases to 146, the health department said on Sunday.

The list includes four deaths and 11 discharges.

The 68-year old man and his 62-year old wife, hailing from Madiwala in the city, had returned from Dubai on March 22.

They were quarantined at a private hospital and have been asymptomatic.

Meanwhile, the government appealed to people who had attended the Tablighi Jamaat Congregation in New Delhi to contact 080-29711171 Arogya Sahayavani, the medical helpline number.

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News Network
July 28,2020

Bengaluru, Jul 27: Andhra Pradesh and Karnataka crossed the grim milestone of one lakh Covid-19 cases while Tamil Nadu logged nearly 7,000 fresh infections for the third straight day on Monday as the sharp spike in recent weeks continued unabated in the southern states.

Kerala's tally inched toward the 20,000-mark and Telangana saw the total infection count beach the 55,000-mark while the cumulative cases rose to 2,872 in the tiny union territory of Puducherry as the six together added 20,629 fresh cases and their aggregate shot to 5.02 lakh.

A total of 291 deaths were reported on Monday from these states with Tamil Nadu accounting for the maximum of 77 closely followed by Karnataka with 74 fatalities, according to bulletins issued by respective states.

The cases have been rising in the region since last month when the lockdown norms were eased and thousands of people returned even as testing had been given a push.

The worst-hit was Andhra Pradesh where the Covid-19 count doubled in just eight days as the day's 6,051 cases pushed the tally to 1,02,349. It had crossed the 50,000-mark on July 20.

East Godavari district registered a high of 1,210 cases. After 16,86,446 tests were completed on Monday, the Covid-19 positivity rate in the state shot past the 6 per cent mark, a record high.

From 15,252 confirmed cases on July 1, the number swelled to the current level as every district in the state has been witnessing a severe surge in the pandemic.

The toll rose to 1,090 with 49 fresh deaths. The state now has 51,701 active cases after a total of 49,558 patients had recovered, a bulletin said.

Covid-19 cases in Karnataka spiralled to 1,01,465 as the state reported the biggest single-day spike of 5,324 new infections and 75 fatalities, taking the death toll to 1,953, the health department said.

The day also saw 1,847 patients getting discharged, taking the cumulative recoveries to 37,685.

Tamil Nadu reported highest single-day spike of 6,993 cases, taking the tally to 2,20,716 while 77 deaths propelled the toll to 3,571.

The state has added 45,038 cases since last Monday while the active cases stood at 54,896 and recoveries touched 1,62,249, including 5,723 people discharged today.

Chennai accounted for 95,857 cases of the state's tally.

In Kerala, at least 43 health workers were among the 702 people who tested positive while 745 others recovered, as the state's total infection tally touched 19,727.

The death toll climbed to 63 with two more fatalities from Kozhikode and Kottayam districts, while 9,611 people were presently under treatment, Chief Minister Pinarayi Vijayan said.

A total of 10,054 patients have recovered so far and over 1.55 lakh people were under observation, he told reporters in Thiruvananthapuram.

Telangana's total infection count rose to 55,532 with the addition of 1,473 cases, including 506 from Greater Hyderabad Municipal Corporation (GHMC) areas, a government bulletin said on Monday, providing data as of 8 pm on Sunday.

With eight more deaths, the Covid-19 toll in the state rose to 471. The death rate was 0.85 per cent as against 2.3 per cent in the country, it said.

As many as 42,106 people have recovered from the infection so far, while 12,955 were under treatment.

Puducherry logged 86 new cases, pushing the overall tally to 2,872 and the toll increased to 43 with three more deaths. It has 1,109 active cases, an official statement said.

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News Network
January 27,2020

Mangaluru, Jan 27: JD(S) leader and former Labour Minister K Amarnath Shetty passed away at a private hospital in Mangaluru on Monday morning. He was 80. Shetty was unwell for sometime, and was admitted to the hospital a few days ago, family sources said.

Amarnath Shetty, a trustee of Alva's Education Foundation (AEF), had joined politics in 1965.

He became the president of Paladka Gram Panchayat and soon was elected as MLA from Moodbdri constituency in 1983. He won the successive elections held in the same constituency in 1987 and 1994. He had served as Tourism and later as Labour Minister.

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