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
February 17,2020

Mangaluru, Feb 17: Kambala superstar Shrinivas Gowda, who is drawing comparisons to ace sprinter Usain Bolt, has reportedly refused to take part in athletics trials with the Sports Authority of India.

28-year-old Gowda, who hails from Moodbidri in Dakshina Kannada, was celebrated as a potential Olympian after a clip of his race went viral, amid claims that he had done 100m in 9.55 seconds, against Bolt's record of 9.58. He has so far won 32 medals in 11 kambala events this season.

Union sports minister Kiren Rijiju and SAI said Gowda would appear for trials at SAI's Bengaluru centre on Monday. The government "will do everything to identify sporting talents", Rijiju had tweeted.

"I will meet the Chief Minister. I am keen on continuing in kambala," Gowda said. Asked about the clamour for a crossover into athletics, he said, "For the time being I have no plans to appear for SAI trials. I am busy with the Kambala season and will consider meeting them following that and after consulting my well-wishers."

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News Network
February 25,2020

Belagavi, Feb 25: Left Parties will launch countrywide door-to-door campaign from March 1 to 23 against Citizenship (Amendment) Act (CAA), National Population Register (NPR), National Register of Citizens (NRC), Communist Party of India (M) General Secretary Sitaram Yechury said on Tuesday.

Addressing a press conference here, he said that CPI (M) and other Left parties were participating in the awareness programme that will conclude on March 23, on the martyrdom day of Bhagat Singh, Chandrashekar and Rajguru.

"Till now 13 states have expressed their opposition for NRC and will not implement it, which means more than fifty per cent of country will not have it," he added.

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News Network
July 3,2020

Bengaluru, Jul 3: The Karnataka government is allowing select asymptomatic and mildly symptomatic Covid-19 patients to recuperate at home as part of home isolation guidelines, an official said on Friday.

"Only those who are asymptomatic or mildly symptomatic shall be allowed to be in isolation at home," said a health official, highlighting that such patients should be properly oriented on home isolation.

However, before home isolation, a health team will visit the patient's house and assess its suitability for executing home isolation.

Similarly, the patient should be provided with a tele-consultation link for initial triage, daily follow up and during the entire home isolation time.

For a daily update, the patient isolated at home should give a report on his health status to the physician or health authorities.

"The home isolation shall be with the knowledge of the family members, neighbours, treating physician and local health authorities," said the official.

Though home isolation is allowed, it is not a blanket permission for all asymptomatic and mildly symptomatic cases in Karnataka to avail.

"Such cases should have the requisite facility at their residence for self-isolation and also for quarantining the family contacts. A care giver should be available to provide care on 24x7 basis," said the official.

Likewise, the caregiver should also have a regular communication link between him and the hospital during the home isolation.

No patient above 50 years will be allowed to avail home isolation.

"If the patient has the following comorbidities: hypertension, diabetes, obesity, thyroid disease, they shall be well managed and under good clinical control as assessed by medical officer," he said.

However, patients with comorbidities such as kidney diseases, dialysis, heart diseases, stroke, tuberculosis, cancer and HIV cannot avail home isolation.

Likewise, immunity compromised patients and those on steroids also cannot be on home isolation.

Though pregnant women are not allowed to avail this facility, lactating women are allowed after due instruction and assessment.

The Health Department has also issued several other guidelines and protocols for a patient choosing home isolation.

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