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
March 9,2020

Bengaluru, Mar 9: The first case of Nov Corona patient was found in Karnataka with a 40 year-old Software Engineer, who returned from US, developing fever today at Rajiv Gandhi Hospital in the City. This is the first case reported in the State.

Disclosing this to newsmen, Karnataka Minister for Medical Education Dr K Sudhakar said that the techie, his wife and their one child arrived from US on Feb 28 and were under observation.

He said that there were no indication or any symptoms immediately after their arrival and also for the first four days, but on March 5 the Techie developed fever and today (Monday) it was confirmed that he is suffering from the killer disease.

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Media Release
July 22,2020

Mangaluru, Jul 22: City based APD Foundation has mooted the idea of giving state recognition and compensation for ‘Covid Saviors’, namely healthcare workers and civic officials who die in the line of duty in the war against Coronavirus pandemic. This suggestion was formally proposed by Abdullah A. Rehman, Founder & CEO, APD Foundation in a letter addressed to Shri Narendra Modi, Hon’ble Prime Minster of India and Shri B. S. Yediyurappa, Hon’ble Chief Minister of Karnataka on July 22, 2020.

In the letter Mr. Rehman asserts that COVID-19 pandemic has caused widespread devastation in the country and played havoc in the lives of the common man. In this scenario, the healthcare workers, such as doctors, nurses and paramedics along with civic officials have emerged as the saviors of the suffering humanity. They expose themselves to great personal risk while treating Covid patients. Many of them catch infection and a few of them have died. Such persons deserve to be recognized by the government for their supreme sacrifice.

Elaborating the rationale behind the proposal, the letter draws comparisons with practice of soldiers who die on the battlefield being glorified as ‘MARTYRS’. The slain soldiers are decorated posthumously with medals and titles of honour. Their families are provided with generous cash compensation so that the future of their widows, children and parents are safeguarded. They are provided with allotment of land, lucrative business opportunities like petrol pump / gas agency or reservation in government jobs for their spouse and children.

The letter suggests that healthcare workers and civic officials who succumb in the line of duty should also be similarly honoured. “Hence I propose that healthcare workers like doctors, nurses and paramedics who die while treating Covid patients should be recognized as ‘COVID SAVIORS’. Civic officials who are working for the cause should also be included in this scheme. Generous compensation should be paid to their families so that their future welfare is ensured as if they were alive,” Mr. Rehman has written.

The suggestion has been made in the wake of news reports that the Odhisha State Government has announced compensation of Rs. 50 lakhs and state honours for healthcare workers who die on Covid duty. Similarly the French government has announced a major increase in salary to its healthcare workers. In the same manner India too can provide optimum welfare to its health workers and set an example on the world stage.

“Though Covid pandemic is likely to be a temporary phenomenon, there is a need to recognize the service of those who are helping society to overcome this grave crisis. They inspire confidence in the hearts of the common people in the same manner as soldiers in uniform do. Hence I urge you to accept the suggestions made herein and announce the same at the earliest,” Mr. Rehman concludes in his letter.

Copies of the letter have also been sent to Shri Nalin Kumar Kateel, MP, Mangalore, Shri D. Vedavyas Kamath, MLA, Mangalore and Smt. Sindhu B. Rupesh, IAS, Deputy Commissioner, DK District for their information and follow up action.

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Agencies
June 13,2020

New Delhi, Jun 13: Loss of smell or taste has been added to the list of COVID-19 symptoms, according to the revised clinical management protocols released by the Union Health Ministry on Saturday.

The ministry said that coronavirus-infected patients reporting to various COVID-19 treatment facilities have been reporting symptoms like fever, cough, fatigue, shortness of breath, expectoration, myalgia, rhinorrhea, sore throat and diarrhea.

They have also complained of loss of smell (anosmia) or loss of taste (ageusia) preceding the onset of respiratory symptoms.

Older people and immune-suppressed patients in particular may present with atypical symptoms such as fatigue, reduced alertness, reduced mobility, diarrhoea, loss of appetite, delirium, and absence of fever, the ministry said.

Children might not have reported fever or cough as frequently as adults.

The US's national public health institute, the Centers for Disease Control and Prevention (CDC), had in early May incorporated "a new loss of taste or smell" in the list of COVID-19 symptoms.

According to the data from Integrated Health Information Platform and Integrated Disease Surveillance Programme, portal case investigation forms for COVID 19 (n=15,366), the details on the signs and symptoms reported are (as on June 11), fever (27 per cent), cough (21 pc), sore throat (10 pc), breathlessness (8 pc), Weakness (7 pc), running nose (3pc ) and others 24 pc.

According to the health ministry, people infected by the novel coronavirus are the main source of infection.

Direct person-to-person transmission occurs through close contact, mainly through respiratory droplets that are released when the infected person coughs, sneezes, or talks.

These droplets may also land on surfaces, where the virus remains viable. Infection can also occur if a person touches an infected surface and then touches his or her eyes, nose, or mouth.

The median incubation period is 5.1 days (range 2–14 days). The precise interval during which an individual with COVID-19 is infectious is uncertain.

As per the current evidence, the period of infectivity starts 2 days prior to onset of symptoms and lasts up to 8 days.

The extent and role played by pre-clinical/ asymptomatic infections in transmission still remain under investigation.

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