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 31,2020

Mar 30: the UAE Cabinet approved a series of new initiatives, foremost among which was the automatic extension of residence permits expiring from March 1.

The residence visas would be extended for a renewable period of three months without any fees to ease the economic impact of the Covid-19 crisis on residents, official news agency WAM reported.

The Cabinet has also waived the administrative fines associated with infractions on the services provided by the Federal Authority of Identity and Citizenship, starting April 1 and lasting for a renewable period of three months.

The initiatives also entail granting a temporary license to use digital solutions for remotely notarising and completing judicial transactions.

Government services expiring from March 1 will also be extended from April 1 for a renewable period of three months. The decision applies to all federal government services, including documents, permits, licenses and commercial registers.

The UAE has introduced a slew of initiatives to control the spread of the Covid-19 virus, including the online renewal of driving licences and vehicle’s registration cards.

The country’s telecom regulator, Telecommunications Regulatory Authority (TRA), also issued a directive that no mobile service with expired ID documents will be disconnected or suspended in the UAE.

The UAE has reported a total of 611 Covid-19 infections and five related deaths in the country.

A national sterilisation programme is underway that will continue until Saturday April 4, concluding on the morning of Sunday, April 5.

Carried out daily from 8pm until 6am the following morning, the programme will include the disinfection of private and public facilities.

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Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

Comments

Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

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coastaldigest.com news network
June 8,2020

Bengaluru, Jun 8: Karnataka recorded 308 new COVID-19 cases in the past 24 hours, with the majority of patients being domestic returnees, raising the state's tally to 5,760 an official said, here on Monday. "Over 308 new cases were reported from Sunday 5 pm to Monday 5 pm," said the health official.

Like everyday Maharashtra returnees accounted for 96 per cent (267 cases) of the 277 new cases. Majority infections in Karnataka nowadays are returnees, mostly from the state's northern neighbour.

A few returnees also came from Tamil Nadu, Telangana and Andhra Pradesh. There was one international returnee, a 23-year-old man from Dakshina Kannada, who came from the UAE. Only 24 new infections were contacts of earlier cases.

On Monday, cases spiked in Kalaburagi, Yadgir, Bidar, Udupi, Bengaluru Urban, Ballari and Gadag.

Among the new cases, Kalaburagi contributed (99), followed by Yadgir (66), Bidar (48), Udupi (45), Bengaluru Urban (18), Ballari (8), Gadag (6), Shivamogga and Dharwad (4 each), Hassan and Dakshina Kannada (3 each), Bagalkote (2) and Koppal and Ramnagar (1 each). Four patients are suffering from Influenza-Like Illness (ILI).

Meanwhile, record 387 patients got discharged in the past 24 hours. On Monday, three persons - A 67-year-old man, a 48-year-old woman and another 65-year-old woman, all from Bengaluru Urban, succumbed to coronavirus.

Of all the cases, 3,175 are active, 2,519 discharged, 64 dead and 14 in the ICU.

In the past 24 hours, Karnataka tested 8,779 people. Of this, 8,231 reports returned negative. A number of tests were lower than other days. In total, 3.93 lac samples have been tested so far, of which 3.8 lac have returned negative.

Currently, Udupi is leading the state's COVID-19 burden with 628 active cases, followed by Kalaburagi (539), Yadgir (488), Raichur (276) and Bengaluru Urban (176) among others.

Bengaluru Urban has accounted for 18 deaths, followed by Kalaburagi (7), Bidar, Vijayapura, Davangere and Dakshina Kannada (6 each) and Chikkaballapur (3 each), among others.

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