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
March 23,2020

Mangaluru, Mar 23: The magisterial enquiry into the police firing during the anti-CAA protest on December 19 in Mangaluru, has been postponed following the lockdown of Dakshina Kannada district, Udupi DC G Jagadeesh announced on Monday.

The inquiry by Udupi DC G Jagadeesh was scheduled on Monday. Already, City Police Commissioner Dr P S Harsha and others have deposed before the magistrate. The Deputy Commissioner and the Assistant Commissioner were supposed to appear before the magistrate.

Following the December 19 violence and the death of  Nausheen and Jaleel due to alleged police firing, the state government had commissioned two probes-- one magisterial and the other, a CID inquiry.

 As per the government order, a report on the inquiry was to be submitted before March 23. On the request by the magistrate for more time since the documents and videos had to be examined, the government had asked him to submit the report by April 23.  
 

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News Network
January 23,2020

Bengaluru, Jan 23: An alleged low-intensity blast on Wednesday late evening in Shanthinagar left three-time Congress MLA NA Harris and six others with burn injuries. The blast reported at around 8:30 pm during a cultural programme gripped the central parts of Bengaluru in a panic especially after the incident of police recovering a live bomb in Mangaluru airport. 

According to sources in Shanthinagar, MLA Harris was attending the birthday celebrations of MGR organized by the locals close to his residence in Shanthinagar. Following the blast, Harris and a few others who standing close to the MLA sustained burn injuries and rushed to the nearby Philomena Hospital immediately and police officials from both the Ashok Nagar and Vivek Nagar visited the spot. The police officials are yet to confirm whether it was a bomb blast or due to the bursting of loud and powerful crackers. 

Chethan Singh Rathore, DCP (Central) visited the hospital and the blast site. A team of forensic science lab experts have also been summoned to the spot to collect samples for ascertaining the nature of the blast. MLA Harris’s son Mohammed Nalapad who rushed to the hospital along with supporters told media persons that they are completely shocked by the incident. 

“He was sitting on a chair and suddenly something that was hurled at him exploded beneath the chair. He sustained injuries to his leg and brought to the hospital. He is being treated by a team of doctors and other injured supporters are also being attended to by the doctors,” Nalapad said. 

Expressing shock over the incident, he said, “My father has been an MLA for 12-years and nothing of this sort had happened before in the constituency. We have no rivals and my father never had any gunmen. We are all shocked and have complained to the jurisdictional police.” 

Meantime, Dr Shankar Prasad, Medical Director, St Philomena’s Hospital explained that Harris and others are currently being treated for minor injuries. “None of them have any open cut injuries and they are being examined further,” Dr Prasad told DH. 

According to Dr Prasad, Harris had a minor blood clot in his left leg which was possibly due to a hard object hitting him during the blast. “We have taken X-Ray and examining further. At the look of it, it seems like a very minor injury,” he added. 

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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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