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
February 2,2020

Mangaluru: The first-of-its kind Beach Zumba event organized by Veekshitha Arasa on January 26th at Panambur Beach, Mangaluru attracted huge crowd and entertained the masses. Thousands of people who visited the beach last Sunday evening witnessed and danced along with the talented Zumba instructors from Bengaluru and Mangaluru. The show lasted for almost two hours.

The programme was organized by Veekshitha Arasa in association with Panambur Beach Tourism with the cooperation of Panambur Police and sponsorship of AJ Hospital & Research Centre, APD Foundation and SS Arrangers & Caterers.

Panambur Beach Tourism CEO Yatish Baikampady, APD Foundation Trustee Abdullah Rehman and Santhosh Kumar from SS Arrangers and others flagged off the event by releasing saffron, white and green balloons (the colours of Indian tricolor) to mark the nation’s Republic Day. Panambur beach police officials too participated in the inauguration. Veekshitha Arasa’s husband Rohan Lobo, Veekshitha’s parents Bhaskar Arasa and Geetha B Arasa too joined in.

This was done with the message ‘Let the love for health and fitness fly high among the citizens much like the soaring spirit of patriotism’. Speaking on the occasion, Veekshitha said that it was her dream to conduct a Zumba event in the city. “This is my small attempt at promoting fitness among the citizens of Mangaluru. There should be more such events,” she said.

Meenal Dubey, Ashwitha Shetty, Vishal Rai, Aishwarya, Namratha Shekar, Shruthi Keerthiraj, Vinayak Acharya, Kavitha Manish and Urmi were some of the enthusiastic Zumba instructors who performed with Veekshitha.

RJ Nayana and Saravanan Govindaswamy compered the event.

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News Network
May 22,2020

Thiruvananthapuram, May 22: Kerala reported its highest rise of COVID-19 cases in a single day with 42 new cases on Friday of which 23 returned from other states and 17 from abroad.

Addressing media persons, Kerala Chief Minister Pinarayi Vijayan said that of the new cases, 23 have come back from other States (Maharashtra-21, Tamil Nadu-1 and Andhra Pradesh-1) and 17 have returned from abroad (Kuwait-7, UAE-5, Saudi Arabia-2 and Qatar-2). Two are cases of local transmission including one health worker in Kasargod.

"A total of 12 persons from Kannur district, seven in Kasargod district, five each from Kozhikode and Palakkad districts, four each in Thrissur and Malappuram districts, two from Kottayam district, and one each in Kollam, Pathanamthitta and Wayanad districts are those who have tested positive, " he said.

Meanwhile, two patients under treatment for Coronavirus in Malappuram district have tested negative today. The total number of confirmed Covid-19 cases in Kerala is 732 and 216 patients are now under treatment in different hospitals. Kannur and Malappuram districts have 36 patients each, followed by 26 in Palakkad district, 21 in Kasargod district, 19 in Kozhikode district and 16 in Thrissur district.

The Chief Minister said that a 73-year-old woman had died in Thrissur district. She had recently returned from Mumbai.

There are 84,258 persons under observation across the state, 83,649 are quarantined at their homes or institutional quarantine centres and 609 are isolated in hospitals.

A total of 162 persons were admitted to hospitals today.

Till now, 51,310 samples have been sent for testing and 49,535 samples have been confirmed without any infection. Apart from this, as part of sentinel surveillance of high-risk groups, 7,072 samples were tested separately and out of these, 6,630 samples have been confirmed with no infection.
No new place was declared as hotspot today and there are 28 hotspots in the state.

So far, 91,344 people have come to the state from foreign countries and other states by road, sea and air.

Expressing concern over the rising numbers, the Chief Minister said, "The increase in numbers is a serious warning. Our COVID-19 preventive measures need to be enhanced. More people are expected to come back and we will ensure proper testing, treatment and care to all. Serious patients are among those who are coming back."
"We will ensure additional facilities including ventilators in hospitals to accommodate more in-patients. Huge rush is being seen at some places. People should observe more self-restraint or else all efforts will become ineffective," he added.

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coastaldigest.com news network
May 27,2020

Bengaluru, May 27: A yet incomplete state-wide survey has revealed that there are over 53.99 lakh households vulnerable to the infection in Karnataka. The survey is being conducted by the government to find COVID-19 vulnerable population particularly with comorbidities and cases like SARI and ILI.

The survey, which is 67.16% complete so far, finds 1.37 lakh households across Karnataka have people with comorbid conditions, excluding a further 13,341 households with symptoms of Influenza Like Illness (ILI), Severe Acute Respiratory Infection (SARI) and Covid-19.

Over 48 lakh households have senior citizens, who on account of their age are at highest risk of death from the disease.

Munish Moudgil, Director of the State COVID War Room, clarified that households could have multiple types of vulnerable people. According to the survey data (which is dated May 26), Kalaburagi and Bengaluru Urban have the highest cases of SARI, ILI with 1,902 households and 1,703 households respectively, although these numbers are likely to rise, as the survey is still incomplete in these districts. 

A BBMP source said that 68% of the survey has been completed in the city, but the data has not been logged yet. The number of SARI/ILI cases is next highest in Shivamogga with 1,217 households, Mysuru with 1,200 and Davangere with 1,178.

The government regards SARI and ILI as indicators of coronavirus and on April 17, had passed an order instructing healthcare workers to test people with these conditions for the coronavirus. Consequently, 51 COVID-19 cases were discovered by testing people with these symptoms.

Belagavi, meantime, has reported the highest incidents of households with comorbid conditions with 12,427 identified so far, followed by Mandya with 9,289, Kalaburagi with 8,311, Shivamogga with 8,140 and Bengaluru Urban with 7,562. Importantly, 3,45,443 vulnerable people have been identified in Bengaluru Urban within 28.26% of data logged in so far.

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