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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coastaldigest.com news network
May 19,2020

Bengaluru, May 19: In the wake of assurance by Chief Minister B S Yediyurappa to look into their demands, hotels and restaurants in Karnataka today decided to continue takeaway services for three more days.

Hotels were also exempted from the total lockdown on Sundays in Karnataka - under the state guidelines issued for Lockdown 4.0.

The Karnataka Pradesh Hotel and Restaurants' Association (KPHRA) had earlier threatened to stop takeaway services over refusal to allow dine-in facility in the fourth phase of the lockdown. 

B Chandrashekar Hebbar, president of KPHRA said that the CM urged hoteliers to wait for three days, assuring that a decision will be taken. 

"We appraised the government over the mounting losses by keeping just take-away services open. Noting that social distancing and other guidelines will be followed, we urged him to allow dine-in facility," he said.

The Association will wait three more days before discontinuing parcel services, Hebbar said. 

The government also provided relaxation to hotels from the total lockdown announced in Karnataka on Sundays, he said. 

A package for hotel employees such as cooks and waiters, along the lines of those announced for farmers, cab drivers and weavers, was also sought in a petition submitted to the chief minister.

In fact the state government had expressed its willingness to open hotels under the Lockdown 4.0, subject to restrictions. However, the central guidelines do not allow dine-in services.

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coastaldigest.com news network
February 3,2020

Mangaluru, Feb 3: After neighbouring reported the second confirmed case of dreaded Coronavirus, the government of Karnataka today ordered high alert across border districts including Dakshina Kannada.

Apart from Dakshina Kannada, district administrations in Kodagu, Chamarajanagar and Mysuru that share boundary with Kerala have been put on high alert over the movement of people with suspected cases.

In a statement released on Monday, the Health and Family welfare department said that these districts have been directed to immediately report to the State Surveillance Unit (SSU) if they come across any suspected cases of people infected with Coronavirus.

Currently, about 51 people who returned from Coronavirus-affected regions have been identified and 46 are under home isolation across Karnataka.

So far, 44 samples have been sent to the National Institute of Virology, Pune for analysis and out of which 29 samples have revealed negative results. Yet, the state government has put in all possible measures to check the spread of the virus in any part of the state.

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News Network
March 27,2020

Bengaluru, Mar 27: A 65-year-old coronavirus patient who died in Karnataka this morning after apparently contracting the infection on a train ride has raised concern about community transmission of the highly contagious disease.
The man, the 60th coronavirus patient in Karnataka, died in Tumakuru. It is not known for certain how he caught the virus. The Karnataka Health Department has posted a notice on Twitter asking whoever travelled with him on train to come forward.

He had no history of recent foreign travel but had apparently traveled to Delhi on March 5 by Sampark Kranti Express and returned on March 11.

On March 7, he arrived at Delhi's Nizamuddin station and participated in an event at Jamia Masjid.

The man took a train back on March 11 and arrived at Yeshwantpur in Bengaluru. From there, he took a bus on March 14 to his hometown Sira.

He first showed symptoms of COVID-19 on March 18 and was taken to a private hospital. He was sent home with medicines but his condition worsened.

On March 23, he was admitted to a district hospital, but checked himself out against all advice and went to a private hospital. When his health showed signs of deterioration, he was again sent to the district hospital, where he tested positive for coronavirus yesterday. He died around 10.30 am today.

The health department has since traced 24 people who came in direct contact with him and are so, in the high-risk category. Thirteen are in hospital and eight have tested negative.

"All passengers who had travelled with him on the train are being traced," K Rakesh Kumar, Deputy Commissioner, Tumakuru, was quoted as telling news agency ANI.

A 70-year old woman and a 76-year old man had died of coronavirus or COVID-19 earlier in Karnataka.

India has over 700 coronavirus cases, including 17 deaths.

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