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
January 19,2020

Mysuru, Jan 19: The 'City of Palaces', for the first time in history, got a Muslim woman as its first citizen, on Saturday.

Tasneem, a JD(S) Corporator, is elected as the 22nd Mayor of Mysuru. The 34-year-old Tasneem is a second-time corporator, representing Ward number, 26. She defeated BJP candidate Geetha Yogananda, representing Ward no 65 of Srirampura, by a margin of 24 votes. Out of 70 members, who were present during the election, 47 voted for Tasneem, 23 for Geetha Yogananda.

Tasneem thanking the party leaders said the JD(S) gave her an opportunity to serve the city and its people. JD(S) gives more priority for minorities. The party facilitated the first Muslim Mayor, Arif Hussian, in 1996. Later, Congress corporator Ayub Khan served as mayor in 2008.

Women from different communities had served as mayor of the city, but, Tasneem is the first Muslim woman to be elected as Mayor of Mysuru.

Tasneem, a BA Graduate from Maharani's College, was proud for being the first citizen and thanked party supremo H D Deve Gowda, leaders H D Kumaraswamy, MLAs Sa Ra Mahesh, G T Devegowda, K S Rangappa, and her colleagues in the Mysuru City Corporation. Tasneem extended her gratitude to her voters, who voted her for the second time.  

'Mysuru is known for cleanliness. Thus, my first priority is to maintain cleanliness and I will work towards retaining the 'Clean city' tag. The city is facing issues related to street lights among others for many days. I will make prompt attempts to resolve them,' she said.

JD(S) city president K T Cheluvegowda said the party nominated Tasneem for mayor's post as per the suggestion from the party supremo H D Deve Gowda and other leaders. There were other aspirants, but, they were convinced and nominated Tasneem, he said.

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News Network
April 29,2020

Lucknow, Apr 29: Tablighi Jamaat members, who got cured of COVID-19, have been asked by their organisation to donate their plasma for treatment of other coronavirus-infected patients, a move that the outfit thinks will help it shed its “villain” tag.

"Maulana Saad, in an open letter on April 21 to all Jamaatis who have recovered from the coronavirus (infection), has appealed them to donate their plasma to help others. The message has reached all the members," Maulana Anees Ahmad Nadvi, the manager of Tablighi Jamaat’s Lucknow branch, told PTI PTI on Wednesday.

"As per the Health Department data, over 50 per cent of corona patients are Jamaatis. Among them those who have recovered are being contacted and all of them are ready to donate their plasma," claimed Nadvi.

"We have till now contacted 400 Jamaatis. In the entire country, those who have recovered are also giving their plasma. Markaz has given instructions that no one should be left from donating plasma," he said. "Jamaatis are not doing any favour to anyone by giving their plasma.

This is a humanitarian step. This is true that Jamaatis are being presented as villains after coronavirus spread, but Maulana Saad has asked us to forgive those doing this," he said. Tablighi Jamaat leader Maulana Saad Kandhalvi is on the run after an FIR was registered against him by the Delhi police for organising a religious gathering in March this year despite restrictions to combat the coronavirus spread.

With some plasma therapy trial results rekindling hopes of it being a likely cure for COVID-19, the Uttar Pradesh government too had begun contracting patients cured of it for plasma donation, but the move was suspended after the Union Health Ministry on Tuesday said the therapy was only at an experimental stage and there was no evidence yet to support that it can be used as treatment for COVID-19.

Uttar Pradesh Surveillance Officer, Dr Vikasendu Agarwal, said all those who have recovered from coronavirus, including Jamaatis, were being contacted for plasma donation, but the move has been suspended after the Centre’s statement on the issue.

Refusing to divulge the number of cured Jamaatis, he said "We were contacting them. They are not different from us. We were contacting all our patients and asking them that they could donate if they find it appropriate, as it would help other patients." "All of those contacted by us are ready for giving plasma," he said.

Chief Medical Officer, Lucknow, Dr Narendra Agarwal said all 28 Jamaatis, who were admitted in KGMU were contacted to donate their plasma and all of them agreed. "A proposal in this regard has been sent to the government.

After approval, their plasma will be taken," he said. With the plasma therapy gaining a lot of traction as a possible cure for coronavirus, the Union Health Ministry on Tuesday clarified that it is at an experimental stage and there is no evidence yet to support that it can be used as treatment for COVID-19. Till the effectiveness of this mode of treatment is scientifically proven, its application except for research and clinical trial is illegal, Joint Secretary in the Ministry of Health Lav Agarwal said.

Dr Vikasendu said after the Centre's clarification contacting people for plasma donation has been put on hold. A further step will be taken on decision of KGMU which is working on plasma therapy here, he added.

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News Network
April 18,2020

Bengaluru, Apr 18: The Karnataka government has fixed the cost of test for COVID-19 in private laboratories at Rs 2,250, an official said on Friday.

"Based on the discussions and negotiations, the cost per test has been fixed at Rs 2,250. This includes the screening test and a confirmatory test," said order by Health and Family Welfare Department's Additional Chief Secretary Jawaid Akhtar.

A total of 16 laboratories (11 government and 5 private) have been approved by the Indian Council of Medical Research (ICMR) for testing samples of possible COVID-19 cases in the state.

Realising that early detection of coronavirus cases and timely treatment was the need of the hour, meetings were held to rope in more private laboratories to conduct COVID-19 sample tests.

As per the protocol by the Centre, testing the samples of suspected COVID-19 cases can be taken up in private laboratories subject to conditions which include sharing the lab data pertaining to the diagnosis of COV1D-19 with the state government and with the ICMR on a timely basis.

As per the Union Health Ministry, 353 people have infected from coronavirus in the state of which 83 are cured and discharged and 13 succumbed to the virus.

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