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
April 21,2020

Bengaluru: Seven fresh Covid 19 positive cases are reported in 24 hours which includes one death from Kalburgi. Of the 7 cases, Kalburgi and Vijayapura share 3 cases each and one case is from Dakshin Kannada, as per the Tuesday mid day health bulletin issued by the Department of Health and Family Welfare.

The deceased has been identified as a 80 year male from Kalburgi. He was bedridden from the past 3 years and was suffering from Parkinson’s Disease since 4 years. Health officials said that he came with the complaint of Severe Acute Respiratory Infection (SARI) and expired on Monday night.

Along with his death, the total death tally now stands at 17 and the total positive cases in the state is 415.

Kalburgi which recorded the first death for Covid 19 in India has so far reported 4 deaths including the above one. The first slot for recording more deaths in the state is now shared by Bangalore urban district and Kalburgi district with each recording 4 deaths each.

Kalburgi district now has 24 active cases.

All the three cases are females, reported from Vijayapura were the primary contacts of a Corona positive patient (P306), who inturn got infected from a patient with history of SARI.

Apart from the deceased male who tested positive, the other cases from Kalburgi is of 29 year old male with influenza like illness and other case is of a 61 year old male whose source of infection is yet to be traced by the health department.

The case from Dakshin Kannada district is from Bantwala region and the positive patient is a 67 year old female with history of SARI. She is getting treated at designated hospital at Dakshin Kannada.

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coastaldigest.com web desk
July 15,2020

Bengaluru, July 15: The family members of a 67-year-old man, who had developed some symptoms of Covid-19, was in for a rude shock when a “reputed” private hospital in Bengaluru’s Whitefield quoted estimated bill of Rs 9.09 lakh for 10 days.

The elderly man was rushed to Columbia Asia Hospital even before receiving his covid-19 test report. But after a look at the estimated bill, the family chose not to admit him there.

The break-up of the estimated bill included Rs 1.40 lakh for ventilator, Rs 3 lakh for medicines, medical supplies and consumables, Rs 2 lakh for laboratory investigations, Rs 75,000 for room rent, Rs 75,000 towards professional fee, Rs 58,500 for nursing charges, Rs 35,000 for radiology investigations and physiotherapy, and Rs 25,000 for equipment and surgical items.

The hospital authorities reportedly told the family members that the actual bill could be higher in the event of complications, unanticipated extension of stay and comorbidities.

“He was tested on Sunday and we were waiting for the result. On Monday, he started gasping for breath. Columbia Asia Hospital told us they had an ICU bed and we rushed him to the emergency care. When they showed us the estimate, we were shocked,” said Abdul Bashir, a nephew of the patient.

“We then contacted Dr Taha Mateen of HBS Hospital through an NGO ‘Mercy Mission’. We got him admitted there for just Rs 25,000,” he said adding that Hospitals should not take advantage when emotions are running high. 

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coastaldigest.com news network
May 28,2020

Bengaluru, May 28: A complaint has been filed against BJP Karnataka state president and Lok Sabha member Nalin Kumar Kateel by the Congress Legislators charging him with issuing false information on Coronavirus to mislead the people.

The complaint was filed by MLCs Ivan D’Souza and Prakash Rathod at Vidhana Soudha police station on Thursday.

In the complaint they had alleged that “Kateel has been spreading false information that the position of World Health Organization’s (WHO) Chairman was given to India in appreciation of Prime Minister Narendra Modi’s achievement in Coronavirus management. 

In reality, the position was given to India on the basis of rotation. India’s stature gets affected because of such childish statements at the international level.”

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