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
January 22,2020

Bengaluru, Jan 22: Karnataka home minister Basavaraj Bommai today refused to respond when a journalist asked him why Aditya Rao, who was arrested on charge of planting bomb at Mangaluru International Airport, can’t be called a terrorist.

Responding to another query of another journalist on the sidelines of a private program, here, Mr Bommai said all airports in the state would soon have bomb disposal squads.

"After the Mangaluru airport bomb incident, a thought has been given to establishing bomb disposal squads near airports in the state. Hubballi and Kalburgi airports too will have them," he said.

He said, Aditya Rao resident of Udupi who has been in a frustrated state for not getting employment and earlier too arrested for hoax calls surrendered at the DGP office in Bengaluru on Wednesday. The Mangaluru police will take him into custody for investigations, he added.

Despite the suspect surrendering to the police, investigations into the case will continue, he said.

He further added, 'Irrespective of the organisations the accused belongs to, he will be punished.”

Explosives used in the Mangaluru airport bomb have been sent to the Forensic Science Laboratory for analysis and investigation. National Security Guards too were collecting details, he stated.

He then went on to slam Opposition parties over Mangaluru Airport bomb incident. “State police, on getting information about the suspected bag, had acted swiftly and diffused it. The opposition has resorted to politics and using the incident to appease minorities,” he said.

He also termed that the statements made by the opposition would instigate anti-national elements.

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SATYA VISHWASI
 - 
Thursday, 23 Jan 2020

The biggest and terrible terrorist are those who justify and support  terrorist by whatever means even if its not calling a terrorist as terrorist

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coastaldigest.com news network
May 28,2020

Bengaluru, May 28: The Karnataka government has done away with previously mandatory COVID-19 testing for asymptomatic international travellers. 

The development comes a day after the government issued a circular, which allowed placing of international travellers into home quarantine if they had completed seven days of institutional quarantine.

A circular signed by Jawaid Akhtar, Additional Chief Secretary to the State Government, dated May 27, says that any “person who has completed seven days of institutional quarantine and is asymptomatic can be permitted for home quarantine with a COVID-19 test (RT-PCR), subject to undergoing a medical check-up.”

This check-up equates to thermal screening (with a required temperature of under 37.5C or 99.5F and pulse oximetry of under 94%). 

The circular added that all elderly people, over the age of 60, and those with comorbidities (such as Diabetes mellitus, hypertension, asthma, heart ailment, renal disease...etc) are “required to be clinically evaluated diligently prior to shifting them for quarantine.”

On Wednesday, Pankaj Pandey, Commissioner, the Department of Health and Family Welfare said that these new guidelines were based on recommendations from the COVID Task Force. A member of the COVID Task Force said that new strategies had been formulated based on the latest findings on how the SARS-Cov-2 virus affects people.

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