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
June 14,2020

Bengaluru, Jun 14: Karnataka's Health Department has shut down four city clinics for not reporting Influenza Like Illness (ILI) and Severe Acute Respiratory Infection (SARI) cases, which are COVID symptoms, an official said on Sunday.

"We have shut four Bengaluru clinics for not reporting ILI and SARI cases," a health official told IANS.

The clinics are Namma Clinic at Sahakaranagar, Panchamukhi Specialty Clinic at Peenya 2nd Stage, Mathru Chaya Clinic at Sudhama Nagar in Bommanahalli and Nayak Hospital in Gayathri Nagar.

"We gave notice to 17 clinics for not reporting ILI and SARI medical conditions in patients. Out of the 17, 13 reverted that they did not do and will start reporting," said the official.

However, the four named clinics did not revert leading to their shutdown.

According to the official, the clinics failed to adhere to the Epidemic Diseases Act, 1987, Disaster Management Act, 2005 and others.

All medical facilities and hospitals should report all patients with ILI and SARI symptoms as many COVID positive cases have them as underlying conditions.

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News Network
June 1,2020

New Delhi, Jun 1: Prime Minister Narendra Modi on Monday sought a discussion on advances in telemedicine, the use of "Make in India" products in the healthcare, and the use of IT tools in the medical sector for a healthier society.

Addressing an event at the Rajiv Gandhi Health University in Bengaluru via video conference, he sought a discussion on whether new models can be conceived that make telemedicine popular on a larger scale.

Referring to the "Make in India" program, he said the initial gains made in this field make him optimistic. "Our domestic manufacturers have started production of personal protective equipment and have supplied about one crore PPEs to those in the frontline of fighting COVID-19.

Modi said IT-related tools for healthier societies can be of great help.

"I am sure you have heard of Arogya Setu. Twelve crore health-conscious people have downloaded it. This has been very helpful in the fight against coronavirus," he said.

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News Network
February 29,2020

New Delhi, Feb 29: The arsonists, who were allegedly hired by the pro-CAA politicians in Delhi to unleash violence against Muslims, did not even spare the residence of Border Security Force personnel Mohammed Anees.

While the jawan, who has spent three years guarding the borders along Jammu and Kashmir, had hoped that his job profile mentioned on the nameplate hung outside their two-storey house would discourage the vandals, he was proved wrong. 

The nameplate on house number 76 in Khas Khajuri Gali clearly mentioned it was the property of a security force personnel who protects India’s borders from foreign invasions. Yet, it was burned down on the afternoon of February 25.

First, the ruthless goons set the vehicles parked outside the jawan’s house on fire, then they torched his home. Stones were also pelted at his house amid slogans of “idhar aa Pakistani, tujhe naagarikta dete hai” (Come here Pakistani, get your citizenship). 

Apart from Anees, his father Mohammed Moonis, 55, uncle Mohd Ahmed, 59, and 18-year-old cousin Niha Parveen were in the house. Sensing what was about to go down next, they all escaped from the house, and were helped by paramilitary troops.

Charred remains of the house now stand where the house was till three days ago. In the two lanes of Khajuri Khas near Anees’s house, 35 houses were set on fire. 

The loss suffered by the BSF soldier’s family was perhaps greater as they had kept all their life’s savings inside: two weddings in the family were to take place in the next three months.

Niha Parveen was to get married in April and Anees himself was to get married the following month. “All the things we collected all our life, jewellery – two gold necklaces, silver jewellery, it is all gone,” the family said.

“We used to buy jewellery on instalments… used to give money every month and collected this jewellery,” they said. Rs 3 lakh in cash for the wedding arrangements also got burnt along with other valuables and all their belongings.

Khajuri Khas is a Hindu-majority area, but Anees’s family says no neighbour of theirs was involved in the attack. “People came from outside.” Instead, their Hindu neighbours were asking the rioters to leave. They requested them to leave and helped douse the vehicles on fire.

Comments

Angry Indian
 - 
Sunday, 1 Mar 2020

India now divided into 3 section..

GOOD Hindus, Muslim & Evil Hindutva.

 

we Good hindus and muslim must unite to save the great india.

 

from now onwards every good hindu and muslim must keep weapon in his home like petrol, sword, sharp knife, hammer etc..

 

when the evil hindutva terror enter your house you shoul fight till death...these dogs only attack in number...if few they run..

 

before you die atleast kill one hindutva terror dog..

 

 

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