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
June 27,2020

Bengaluru, Jun 27: The Bengaluru Police Commissioner’s office on Infantry Road has been sealed after one of the staffers tested Covid-positive. It will remain shut from June 27 to 29. 

A senior police officer from the administrative department, in a media release, stated that almost the entire staff has been asked to work from home, while some have told to work from sub-divisions of DCP’s offices. 

It is said that one of the staffers, who recently reported for duty at Anti-Terror Cell (ATC), tested positive on Friday, and officials took a decision to seal the premises after the media got wind of it. 

Earlier, a function for Drug Observation Day too was held on the premises on Friday. The staff has not been asked to go on quarantine. 

Only a few staffers have been asked to come to the police control room situated in the same building.

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coastaldigest.com web desk
June 25,2020

Bengaluru, Jun 25: In the wake of unexpected surge in the coronavirus positive cases in Bengaluru, the special task force team assigned with the task of creating Covid Care Centres (CCC) has made elaborate arrangements the Haj Bhavan.

Civic authorities have already shifted around 50 Covid-19 patients to Haj Bhavan. 

BBMP Commissioner B H Anil Kumar said on Thursday that due to an increase in the number of cases and due to shortage of beds in hospitals, the Haj Bhavan has been converted into CCC.

Headed by Rajendar Kumar Kataria, Secretary, Horticulture and Sericulture department, the CCC task force has arranged 400 beds at Haj Bhavan. 

“The facility at Haj Bhavan has already been made operational. Doctors, nurses, paramedical and house-keeping staff from BBMP have been deployed as per SOPs. All essential equipment, medicines and other facilities have been made available in adequate numbers at the Haj Bhavan,” Kataria explained.

In the second phase, the task force team has identified hostel rooms of seven engineering colleges, which would fetch about 3,200 beds to house asymptomatic Covid-19 patients. 

If need arises, the task team in the third and final phase, will consider the facilities such as Palace Grounds, Bengaluru International Exhibition Centre, Indoor Stadiums at Kanteerava and Koramangala to be converted as CCC.

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News Network
May 7,2020

Bengaluru, May 7: Karnataka has revised its standard operating procedure (SOP) for international passengers. The first group of passengers will arrive in the state on May 8.

The number of categories has been reduced to two from three. Category A includes passengers symptomatic on arrival while Category B passengers are those asymptomatic on arrival. These are passengers who are either healthy or those having co-morbidities.

As per the revised SOP, the passenger will be released on the seventh day, if tested negative, to strict home quarantine for another seven days with stamping.

This norm is in contradiction to the Ministry of Home Affairs’ SOP for international passengers. As per the MHA’s SOP, the passengers (asymptomatic) will be under institutional quarantine for 14 days. Testing negative after 14 days, they will be allowed to go home and will undertake self-monitoring of their health for 14 more days.

On the contradiction, Pandey said, "We don't take chances as we rely on tests instead of just quarantining. Other states may be depending on just 14-day institutional quarantine."

"GOI SOP doesn't talk about Covid tests on international passengers. We have put an additional safety layer of three Covid tests on returnees -- one on arrival, second from 5-7 days and last on 12th day. This will ensure definite identification of positive cases even if they are asymptomatic and their subsequent treatment. We should look at the spirit behind the order," he added.

On the 14-day additional reporting period for category B, he said, "It is implied as category B patients should report to us for 14 days after their first 14-day quarantine period is over."

Medical Education Minister Dr K Sudhakar said that the State would follow the Centre’s norms.

Till Tuesday, Karnataka’s SOP had three categories. Under Category A (symptomatic), 14-day institutional quarantine at COVID-19 Health Care Centre was mandatory followed by 14-day reporting period. Under Category B (asymptomatic above 60 years with co-morbidities), seven-day institutional quarantine at hotel/hostel followed by seven-day home quarantine and 14-day reporting period had been recommended. The 14-day home quarantine and 14-day reporting period was mandatory for Category C (asymptomatic).

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