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 24,2020

Mangaluru, Jul 24: Low-cost airline IndiGo airlines would be operating between Mumbai and Mangaluru four days a week - Monday, Wednesday, Friday and Sunday. The operation will begin today (July 24).

The flight will take off from Mumbai at 9.30 am and will land at Mangaluru International Airport at 11.00 am. 

The flight will take off from Mangaluru at 11.40 am and will reach Mumbai at 1.15 pm. To avail the flights for Mangaluru, passengers can report to Terminal T2 in Mumbai.

Before boarding the flight, a standard procedure regarding quarantine regulation has been issued. The passengers boarding the flight from Mumbai will have to undergo thermal screening at the airport. The airport officials will also be required to apply a quarantine stamp on the passengers.

The airline will be required to provide a detailed list of passengers arriving, along with flight information, arrival time, mobile number of the passengers and their residential addresses and share these with the nodal officer.

It is mandatory for the passengers to download Aarogya Setu app. In addition to this, passengers intending to exit Mumbai within seven days of the arrival should be able to produce a confirmed ticket for onward/return journey to get quarantine exemption.

Domestic passengers will have to undergo 14 days of home quarantine. However, all domestic passengers intending to exit Mumbai within seven days of the arrival will be exempted from quarantine, provided they are able to produce a confirmed ticket for onward/return journey.

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News Network
March 25,2020

Udupi, Mar 25: A 34-year-old man who returned from Dubai tested positive for novel coronavirus in Udupi district. This is the first case in the district. 

He returned from Dubai on March 18 and got admitted to a government hospital in Udupi on March 23 for fever. The swab samples were sent to Shivamogga laboratory for testing.

The report which arrived on Wednesday confirmed that he was positive for COVID-19, said DHO Dr Sudhir Chandra Sooda.

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News Network
January 15,2020

Mangaluru, Jan 15: A 28-year-old man, who is a first-year MBBS dropout, was arrested by the police after he posed as a doctor and treated patients at a private hospital at Derlakatte on the outskirts of the city.

The arrested has been identified as Mohammed Habib Hussain, a native of Shivamogga, who was residing in Attavar, Mangaluru. He had discontinued studies after the first year due to personal reasons.

The incident took place on Sunday night  at Yenepoya Medical College, Derlakatte. Dr Sampathila Padmanabha, medical superintendent, Yenepoya Medical College, said the accused had come to the medical college at midnight on December 29.

After speaking to the security guard at the hospital entrance, he introduced himself as an assistant to the consulting urologist, and wanted to visit patients at the private ward situated at floor number 7.

After entering, he called the duty nurse to get case sheets. Later, he examined two women patients in the presence of the duty nurse, and also wrote a prescription on the patient case sheet. He also yelled at a nurse, saying that she isn’t doing her duty properly, and left the place.

However, the nurse who grew suspicious, informed the management, after the accused had left the place. The management, who crosschecked about the accused, found out that he is not a doctor, and that he is also not associated with the hospital.

The management sent an advisory to all employees to produce their identity cards, whenever they enter any wards, especially at night, and also to keep an eye on anyone suspicious. The same message was passed on to other hospitals in the vicinity.

The accused again showed up at the hospital on Sunday night. As security guards were told about strangers visiting the hospital in the guise of doctors, he was allowed to enter the hospital premises, so that he can be apprehended. He later went to the reception counter and queried about the consultant urologist. When he noticed that the staff had an idea about what was happening, he tried to flee from the spot. He was later caught by a security guard, and the police were informed. He was arrested by Ullal police station personnel.

Dr Padmanabha added that he used to roam around with his friend in a car. He was also involved in a similar incident at a private hospital in Kankanady, and the same has been informed to the police. He visited hospitals in a car, which has been seized by police.

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