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
July 13,2020

Bengaluru, Jul 13: In an attempt to avoid the ugly scene of migrant workers walking to their native places due to the current week-long lockdown imposed in the state, the Karnataka State Road Transport Corporation (KSRTC) is running 1,600 additional buses on Monday and Tuesday to help them return safely.

The KSRTC has already run 249 additional buses from the State capital and has so far ferried 6,641 passengers and 231 buses have been booked.

The KSRTC appealed to the public not to panic as additional buses have been deployed. "After ensuring social distance and conducting thermal screening, passengers will be allowed to travel. It has already been planned to operate additional buses," the corporation stated in a press release here.

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News Network
June 4,2020

Bengaluru, Jun 4: The Karnataka government has tweaked quarantine requirements for people arriving from Maharashtra, raising the isolation time from a fortnight to three weeks, an official said on Wednesday.

"Returnees from Maharashtra will be sent to institutional quarantine for seven days, followed by 14 days strict home quarantine, total 21 days," tweeted Health Commissioner Pankaj Kumar Pandey.

The 21-day quarantine regimen is for all asymptomatic people returning from Maharashtra, considering most of the Covid cases in Karnataka are having domestic travel history to that state.

If any of the asymptomatic people develop symptoms during the isolation, they will be subjected to a Covid test.

However, some asymptomatic individuals from Maharashtra have been provided some exceptions from the three-week quarantine and designated as special category passengers.

Special category passengers include people who suffered a death in family, pregnant women, children below 10, elderly people above 60, individuals suffering from serious illness and human distress.

Similarly, the department has also made some provisions for business travellers from Maharashtra.

"To establish that one is a business visitor, (that) person should show confirmed return flight or train ticket which should not be more than seven days later from the date of arrival," ordered Chief Secretary T.M. Vijay Bhaskar.

Similarly, if a business visitor is arriving on road, he should provide the address proof of the person in Karnataka he intends to meet.

Additionally, such a person should also produce a Covid negative test certificate which is not more than two days old.

"One does not have a Covid negative test certificate such a person should go for institutional quarantine for two days within which Covid test should be conducted at his own cost. After the test result is negative, that person is exempted from quarantine," he said.

However, business travellers have been exempted from hand stamping.

Amending the Sunday orders, Bhaskar, has enhanced the quarantine requirements for Maharashtra returnees.

Many conditions for visitors from other states remain mostly unchanged as notified on Sunday.

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coastaldigest.com news network
June 28,2020

Mangaluru, June 28: In his apparent bid to win the hearts of the people of Tulu Nadu while leaving this coastal city, Dr P S Harsha, the outgoing Mangaluru city police commissioner, today took to social media and thanked the people. The language he chose for his prolonged Facebook post and one paragraph tweet was Tulu.

“Loveable people of Kudla! I have received the transfer order after serving as the Commissioner of Police of Mangaluru City for 11 months. (During this period) I worked with utmost honesty and pro-people approach with the complete cooperation of my department. I wholeheartedly thank all those who supported me,” tweeted Dr Harsha, who is now posted in Bengaluru as the Deputy Inspector General and Commissioner of Information and Public Relations.

In his Facebook post, Dr Harsha claimed that thanks to his initiative “My Beat My Pride”, the policing in the coastal city has strengthened. 

“My only intention was to put an end to rowdyism and illegal activities. I had given priority to curb the drug mafia. ‘My Beat My Pride’ became a successful initiative thanks to public support,” he said. 

The IPS officer went on to claim that with the with the co-operation of the senior officers, the police department managed to efficiently handle situations during anti-CAA and pro-CAA agitations in the city, detection of explosives at Mangaluru International Airport and also during the covid-19 pandemic. 

However, he did not mention about the death of two people in random police firing following a baton charge during anti-CAA protests in the city on December 19.

Comments

MP
 - 
Tuesday, 30 Jun 2020

power is not permenant. 2 innocents were killed in mangalore,  if it was in USA the cop would have been in jail.

 

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