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 14,2020

Mangaluru, July 14: In order to detect COVID-19 cases quickly in Dakshina Kannada, the government has commissioned a programme to administer rapid antigen tests.

The coastal district has already received 3,500 rapid antigen test kits, which can give results in 30 minutes, an official said, adding that tests will be conducted shortly and training is being imparted on the use of the kits.

The antigen tests will be conducted for emergency cases like delivery, surgery, persons with severe symptoms of Covid-19, multiple-organ failure and for those whose condition is critical. 

"If a symptomatic patient tests negative for Covid-19, then his throat swab sample would be sent for lab testing," the district health officer (DHO) said.

The rapid antigen tests is expected to help in increasing the number of tests and bring down the load of testing on labs, as antigen kits allow faster diagnosis.

It takes a minimum of eight hours to get the results via real-time polymerase chain reaction (RT-PCR) test. Antigen tests can provide results within half an hour.

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News Network
May 30,2020

Bengaluru, May 30: Bengaluru City civic body Bruhat Bengaluru Mahanagara Palike (BBMP) has slapped a fine of Rs 50,000 on the food delivery startup Swiggy for irresponsible disposal of waste, an official said on Friday.

"Thinking of food is great - Swiggy. Hope you also think of segregating waste and disposing of it responsibly," tweeted BBMP Solid Waste Management Special Commissioner D. Randeep.

Randeep said a penalty of Rs 50,000 was imposed on Swiggy Kitchen at Katriguppe in the city for the violation.

"The incident with respect to waste segregation has been brought to our notice and happened at one of our kitchens in Bengaluru," confirmed a Swiggy spokesperson to IANS without revealing the exact details.

He said the startup is aware of its civic responsibility and has stringent processes to ensure high standards of compliance.

"While we investigate and rectify the root cause of the matter, we are reinforcing necessary awareness on the best practices to be followed amongst our teams and partner network to ensure complete compliance with waste management," the spokesperson added.

Swiggy has been penalised earlier as well for its irresponsible disposal of waste.

Recently, the BBMP’s solid waste management department has also fined an apartment complex Rs 15,000 for not segregating waste into dry, wet and reject categories.

Waste disposal norms for apartments

"Segregation of waste is mandatory in apartments. Onus of enforcing segregation rules lies on the (apartment) association and waste should be segregated as dry, wet and reject," said Randeep.

InClover Grand Apartments at Baiyappanhalli was penalised for the offence of improper waste disposal. Similarly, BBMP marshals also caught and fined some people openly discarding waste in public spaces.

"Dear citizens, please change your old habits. Our marshals are watching and will fine those who throw garbage in public spaces," BBMP Special Commissioner Randeep said.

He shared the photographs of two scooter-borne individuals being caught in the act and penalised at Kuvempunagar in Bengaluru.

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News Network
January 11,2020

Mangaluru, Jan 11: A large number of people from the Women India Movement on Saturday staged a protest against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) here and raised slogans denouncing the newly enacted law.

Protestors were seen carrying placards that read, 'Stop diving India, Boycott CAA, NRC, NPR', 'We are humans, not criminals', 'Save India from fascism'.

"Today's youths are tomorrow's future. The present leaders are scared by the youths and are trying to wipe us out. They are scared of the students because they are raising their voices," a protestor told media.

"It started with the triple talaq, then the removal of Article 370 and Babri Masjid verdict. We Muslims kept quiet but now it is a question to our Constitution. We are not here as Muslims but as an Indian Citizen protesting against the cruelty of the BJP government," she added.

The protestor said the Central government is trying to make India a Hindu Rashtra by wiping out all other communities.

"This fascist government is trying to poison the minds of Hindus against the Muslims. After Muslims, there will be the Christian community and then other communities. The main motive of the government is to only keep Brahmins in India," added the protestor.

The newly-enacted law grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

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