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 30,2020

Bengaluru, Mar 30: The nationwide lockdown has left the state on the brink of a fresh agrarian crisis.

The lack of transport facilities spells doom for ready-to-harvest grapes worth Rs 500-600 crore in Bengaluru Rural, Chikkaballapur and Kolar districts. Unable to find buyers, several farmers have begun dumping their produce into compost pits.

On Sunday, Munishamappa, a farmer in Chikkaballapur, emptied four truckloads of grapes into the pit as buyers didn’t turn up due to the lockdown. “If the grapes wither and fall to the ground, it will affect the soil’s fertility and I will be forced to dispose of them,” he said.

Venkata Krishnappa, Munishamappa’s son, said their 1.5-acre vineyard yielded 25 tonnes of grapes. “Just before the lockdown, 10 tonnes were harvested and delivered to the market. Due to lack of transport, buyers haven’t turned up for the remaining 15 tonnes which we are dumping into the pit.”

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Anjaneya Reddy, a farmer leader, said that in Chikkaballapur alone, they have cultivated grapes on 2,000 acres. “Even if you consider 15 tonnes per acre as yield, there are about 30,000 tonnes ready to be harvested in the district. At a market rate of Rs 50 to Rs 60 per kilogram, the net worth will be Rs 200 crore to Rs 300 crore. And if you consider the crop in Kolar and Bengaluru Rural, grapes worth Rs 500 to Rs 600 crore are at stake,” he explained.

The ‘Dilkush’ grapes is the most preferred variety of domestic consumption, according to the farmers.

This apart, farmers would have invested about Rs 3 lakh to 4 lakh per acre on fertilisers, pesticide and labour. “With markets being shut and no of the transport facilities available, farmers are forced to dump their produce into pits. It is high time the government intervened and provided us with market options so that farmers can sell at an affordable price of Rs 30 to 40,” Reddy said.

Somu, a farmer in Ganjam village of Srirangapattana, dumped two tonnes of chikku (sapota) citing market shutdown in Mandya. Reddy appealed to the government to emulate the Maharashtra model where the government is helping farmers market fruits through Hopcoms or dairy units as nutrient supplements to people.

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News Network
April 3,2020

Bengaluru, Apr 3: Four people, including three who attended the Tablighi Jamat meet in Delhi, tested positive for coronavirus on Friday, taking the total number of the affected in the state to 128, the Health department said here.

The three men from Belagavi had attended the Tablighi- Jamaat congregation from March 13 to 18 at Delhi, while the other case was that of a 75-year-old man, who is a resident of Bagalkote.

A detailed investigation was underway to ascertain how he got infected, the department said in a bulletin.

It said that till date, 128 COVID-19 positive cases have been confirmed in the state, including three deaths and 11 discharges.

"With 128 cases we are in ninth position in the country in number of cases.Today four new cases were confirmed, of which three were those who attended Tablighi-Jamaat congregation," Primary and Secondary Education Minister Suresh Kumar told reporters, giving details about the bulletin.

He said 187 of the total of 288 samples collected from those who attended the congregation had tested negative and only 13 had turned positive so far.

"Out of 288 samples collected, we have got report for only 200 cases and are awaiting reports for 88," he added.

Though Kumar did not give any figures on the total number of people who went from Karnataka to attend theDelhi meet, the health department on Thursday had said nearly 1,000 people (including 19 foreigners) linked to Tablighi Jamat had been screened and swab samples of more than 200 people had been collected, while efforts are on to find out others.

Chief Minister B S Yediyurappa on Friday held a meeting with Muslim leaders and MLAs even as the government stepped up efforts to track those who might have travelled to the state after taking part in the meet in Delhi last month, which has turned out to be the hotbed of COVID-19 spread in the country.

After the meeting, the Chief Minister said Muslim MLAs agreed to provide details of those who attended the Jamaat's congregation to the government and also convince them to undergo COVID-19 tests, along with quarantining themselves.

Out of total of 114 active cases in the state so far, 111 patients (including 1 pregnant woman) are in isolation at designated hospitals and are stable, while three are in ICU (one on oxygen and two on Ventilators).

Seven of the 128 cases detected and confirmed were transit passengers of Kerala, who landed at airports in Karnataka and are being treated in the state.

Among the 128 positive cases, 51 were reported from Bengaluru, 21 from Mysuru, 10 from Bidar, nine from Dakshina Kannada, eight from Uttara Kannada, seven from Chikkaballapur, five from Kalaburgai, four from Ballari, three each from Davangere, Belagavi and Udupi, and one each from Kodagu, Tumakuru, Bagalkote and Dharwad.

Those discharged include nine patients from Bengaluru and two from Kalaburagi and among the deceased are one each are reported from Kalaburgari, Bengaluru and Tumakuru.

The Chief Minister held a series of meetings to review the measures taken to control the spread of COVID-19 and implementation of lockdown in the state.

He asked the labour department to deposit an additional Rs 1,000 from the Construction Workers Welfare Fund to the accounts of 15 lakh labourers in the sector.

The government has already deposited Rs 1000 to their accounts (amounting about Rs 150 crore) in the first round.

During the meeting the shortage of Personal Protective Equipment (PPE) Kits for Doctors and health care professionals was discussed.

"Work order has been issued for 1 lakh PPE kits, and the Chief Minister has issued directions for the supply of 2 lakh more PPE kits," Kumar said.

Yediyurappa also chaired a meeting with Ministers from Bengaluru on steps to be taken to control spread of COVID-19, as the city has more than half the confirmed cases in the state.

He also decided to covene a meeting of city legislators in this regard on Saturday morning.

Kumar said it was also decided not to provide food free of cost at the state run Indira Canteens as concerns were raised about the quality and misuse that was happening during the Chief Minister's meeting with ministers today.

"We have decided to stop free food supply...we are providing foodgrains to poor through ration already," he said.

However, the Canteens will continue to provide subsidized food- breakfast at Rs 5 and lunch and dinner at Rs 10.

The government last month had decided that Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Meanwhile, in view of COVID-19, emergency Additional Chief Secretary, H&FW Department ordered extension ofservices of Medical and Para-medical staff, Clinical and Nonclinical staff retiring in April and May this year, to June 30.

Amid reports of lack of co-ordination between Medical Education Minister K Sudhakar and Health and Family Welfare Minister B Sriramulu, Chief Minister Yediyurappa has tasked Suresh Kumar to brief the media on COVID-19 related daily bulletins, official sources said.

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News Network
March 3,2020

Bengaluru, Mar 3: Senior Congress leader and Leader of Opposition in Karnataka Assembly Siddaramaiah on Tuesday said that the party's protest will continue until the Speaker will allow them to discuss BJP MLA Basanagouda Patil Yathnal's recent comments on freedom fighter HS Doreswamy.

"Our protest in the well of state assembly will continue until Speaker allows us to discuss about Basanagouda Patil Yatnal," Siddaramaiah said.

Congress MLAs staged a protest in the Karnataka Assembly and entered the well demanding BJP MLA Basanagouda Patil Yathnal's apology for his 'Pakistani agent' remark.

Earlier, Congress leaders on February 26 staged a protest on the same issue in front of Mahatma Gandhi's statue at Vidhana Soudha.

Yathnal, on February 25, called Doreswamy a fake freedom fighter and a Pakistani agent while addressing the media. His comments triggered a controversy drawing sharp remarks from Congress and other parties.

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