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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
August 7,2020

Bengaluru, Aug 7: Amid the rising number of COVID-19 cases in Karnataka, the state's health department issued fresh guidelines for the disposal of bodies of COVID patients.

"Although an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the body is unlikely, the lack of scientific data requires the utmost care to avoid the inadvertent spread of COVID-19 during these times," the statement from the health department's press release read, emphasising on the dignity of the dead and the religious and cultural tradition.

The 23-page press release elaborated on guidelines regarding testing, handling of dead bodies and other specificities in relation to the management of COVID-19 bodies.

"Testing should not be insisted in every case of death, but only when they have a recorded history of influenza-like symptoms. The body should be handed over to the family members/ relatives in a dignified manner immediately after swab collection and hospitals should provide handouts with a list of dos and don'ts in English and Kannada laying down relevant information," the statement said.

It added, "At the mortuary, health care workers, mortuary staff and the family of the deceased body shall not come in direct contact with the dead body and must wear full personal protective equipment (PPE). If the family or relative are for any reason unable to cremate or bury the body, the local health authority shall arrange for the dignified last rites as per the religious traditions of the family."

Regarding autopsies (post mortem) on COVID-19 bodies, the state department said that they should be avoided, except in necessary circumstances.

The statement also gave detailed guidelines regarding the appropriate recording of COVID-19 deaths in line with the Indian Council of Medical Research (ICMR) guidelines.

Additionally, the health department made a statement about the admission procedure for COVID positive patients referred by other district administrations saying, "It is now mandatory for all the referrals from the BBMP admission and discharge of COVID positive patients to be done through the online COVID Hospital Bed Management System (CHBMS)."

The state's count of coronavirus cases was 1,51,449 in the past 24 hours.

So far, a total of 2,804 people have died due to COVID-19 in the state, while the average recovery rate in Karnataka is 49.3 per cent.

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News Network
July 6,2020

Bengaluru, Jul 6: Karnataka Chief Minister BS Yediyurappa on Monday said that the "country will have to learn to live with coronavirus as there are no options".

Yediyurappa made the remark after paying tribute to Babu Jagjivan Ram, on his death anniversary, at a ceremony in Vidhana Soudha.

"We don't have any other option, we have to learn to live with this virus. Even Prime Minister Narendra Modi has said the same thing. We have increased ambulances, we have made all arrangements to fight the pandemic. It is very important to safeguard ourselves," he said.

The Chief Minister added that the state government has made many arrangements to combat the widespread illness.

According to the Union Health Ministry, there is 23,474 number of COVID-19 cases in the state and 372 people have died due to the illness.

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News Network
January 3,2020

Bengaluru, Jan 3: Karnataka Chief Minister BS Yediyurappa on Friday clarified that Prime Minister Narendra Modi has assured him to consider all the demands made by his government.

"Prime Minister spoke to me personally and assured me of all help and suggested that I visit New Delhi and meet the concerned Ministers and apprise them about the state's problems and pending projects. He also directed me to prepare a detail report on this matter," Yediyurappa said in a statement.

He claimed that a section of media has misinterpreted his speech which was plain and honest towards the development of the state.

"A section of media has attached motive to my speech which was plain and honest in its content. Being in federal set up, there is nothing wrong with placing the facts before the Prime Minister and making submissions," the Chief Minister said.

"As a Chief Minister, I placed our state's problems and need for more funds for developmental activities. I pleaded before the Prime Minister for more funds to the relief work, the scientific and remunerative price for the farm produces, and special fund of Rs 50,000 crore for speeding up of on-going irrigation work. As it was farmers' meet, I felt it worthy and timely to plead the Prime Minister for more funds for all the developmental activities in the state," he said.

Asserting that Prime Minister Narendra Modi is a great visionary and his concern for the poor and farmers is unquestionable, he said: "When the whole world is appreciating his statesmanship and visionary zeal, it is in very bad taste for the media to attribute motives to my speech and relate it to the Prime Minister."

Yediyurappa requested media to show support to his government in the interest of the development of the state.

"I humbly request the electronic and print media not to misinterpret but support the government in the interest of the development of the state and interests of the people. I hope the media will respond to my request," he said.

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