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 15,2020

While it makes perfect sense for IT employees to work from remote locations via video conferencing and collaboration tools seamlessly - especially in the case of tech giants like Google or Microsoft -- workers from the non-IT companies and small and medium enterprises (SMBs) are the worst-hit in India as most of them have little or no clue about how these messaging and collaboration tools work amid the coronavirus pandemic.

Small companies -- from corporate to education verticals -- are scrambling to get their act together as new coronavirus threat has reached their premises, prompting them to send employees home who have age-old laptops, poor network and connectivity with no UPS backups and little knowledge about how to handle group chat and collaboration software like Zoom, Google Hangouts Meet, Microsoft Teams and Flock etc.

Instead of halting operations, however, businesses can choose to shift towards remote working methods with teaching non-IT staff on how to use the latest digital software to connect and work, say industry experts.

The training will take some time and may hamper productivity in the short run but is a win-win situation for the non-tech companies in the long run, in case any such global emergency arises in the future.

According to a latest report by Gartner, 54 per cent of HR leaders have cited that poor technology and/or infrastructure for remote working is the biggest barrier to effective remote working.

Sandy Shen, Senior Director Analyst, Gartner, says that with COVID-19 disrupting the business landscape, CIOs should relook at the digital fulfillment of market demand.

"The value of digital channels, products and operations is immediately obvious to companies everywhere right now. This is a wake-up call for organisations that have placed too much focus on daily operational needs at the expense of investing in digital business and long-term resilience," warned Shen.

Businesses that can shift technology capacity and investments to digital platforms will mitigate the impact of the outbreak and keep their companies running smoothly now, and over the long term.

"Videoconferencing, messaging, collaboration tools and document sharing are just a few examples of technologies that facilitate remote work. Additional bandwidth and network capacity may also be needed, given the increasing number of users and volume of communications," informed Shen.

The IT industry's apex body Nasscom has asked the government to relax norms for a month to allow work-from-home for technology and back-office employees as a measure to deal with the spread of Covid-19 in India.

Networking giant Cisco said that it has seen "significant growth" in the usage of its web conferencing and video-conferencing service Webex in India.

According to Muneer Ahmad, Business Head, ViewSonic India, due to COVID-19 pandemic, the corporate and educational sector is severely getting affected in the country.

"ViewSonic IFP has a cloud-based software which help teachers and corporates to connect through video conferencing to multiple people at the same time and can split the screen into six screens. It can also connect with various tools like Skype, Cisco WebEx, Zoom, Google Hangouts and GoToMeeting," Ahmad told IANS.

Co-working sector has also taken a hit and the industry is looking at several measures to tackle it -- from ensuring supply of juices rich in Vitamin C to supply of disinfectants and giving work from home facilities.

"The scheduled visits of the clients at our co-working offices have been postponed. Few of our clients have cancelled their outstation meetings and have now started audio/video conferencing for virtual meetings," said Nakul Mathur, MD, Avanta India.

According to reports, India has approximately 1,000 co-working locations (as of September 2019) and is the second-largest market for the co-working industry after China.

As India's first licensed B2B Virtual Network Operator, CloudConnect Communications offers a collaborative platform that allows companies to overcome the COVID-19 threat while maintaining seamless business continuity and optimum employee productivity.

"We offer a secure, robust, reliable, scalable and trackable mobile-first unified communication infrastructure that aids remote teleworking so that businesses can continue operating even under any unforeseen circumstances," said Gokul Tandon, Executive Chairman, CloudConnect Communications.

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News Network
January 23,2020

Mangaluru, Jan 23: Bajpe Police on Thursday registered yet another case against the prime accused in Mangaluru International Airport case, Aditya Rao.

According to the police, a complaint was received from the officials of Indigo flight that they had to delay their flight scheduled to take off for Hyderabad at 1615 hrs after receiving a hoax call from Aditya, threatening of bomb.

They also asserted that the passengers were de-boarded from the flight and the luggages were brought back to security check again.

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coastaldigest.com web desk
June 9,2020

Kozhikode, Jun 9: Kerala Chief Minister Pinarayi Vijayan's daughter Veena T is all set to marry DYFI National President and CPM state committee member PA Muhammad Riyas on June 15. Interestingly, it's the second marriage for both. 

Veena, the elder daughter of Pinarayi Vijayan and Kamala Vijayan, is an IT entrepreneur based in Bengaluru.

According to sources, the marriage will be a simple function in Thiruvananthapuram where only close relatives will participate. The marriage registration has already been done. 

"It's only a private affair of two individuals," Riyas told media persons, reluctant to divulge more details. 

The 44-year-old Muhammad Riyas started his political career with the Students Federation of India (SFI) and climbed up the rungs through DYFI. He had unsuccessfully contested against UDF's M K Raghavan from Kozhikode parliament constituency in 2009. 

The son of retired IPS officer P M Abdul Khadar, Riyas is the familiar face of the left in primetime TV discussions, strongly articulating the CPM stance. 

A law graduate, he had begun at the grassroots level and gradually worked his way up the ladder. 

His marriage to Dr Sameeha Saithalavi, a former syndicate member of Calicut University, happened in 2002. The couple separated in 2015 and they have two sons aged 10 and 13. 

The 40-plus Veena is MD of the IT firm Exalogic Solutions since 2014. 

Prior to that, she was the CEO of RT Technosoft, a Thiruvananthapuram-based company owned by NRI industrialist Ravi Pillai. Before that, she had a six-year stint with Oracle. She has a son from her first marriage. 

"They both were divorced for more than five years. They knew each other and the marriage decision was taken by them only. It's completely a private affair," said a DYFI leader.

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