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 25,2020

Hubballi,  Jul 25: South Western Railway (SWR) inducted seven lady sub-inspectors (SI) in the Railway Protection Force (RPF), in a first, on Friday. Three more women SI undergoing training in Lucknow are expected to join SWR soon.

According to the Chief Public Relations Officer (CPRO) of SWR, the inducted sub-inspectors are part of 164 women SI cadets who passed out of the RPF training centre in Moula Ali, Hyderabad, after a rigorous training of nine months. They will take care of the security of railway passengers, Railway property, and Railway premises, after resuming their duties.

They will also be responsible for giving special care to the vulnerable sections of society, women, and children while discharging their duties, the CPRO said.

The CPRO also informed that the newly admitted female SIs will be posted to major stations on SWR for regular duties on completion of their two months of practical training over the Zone. Further 120 ladies are undergoing constables training for various training centres across India.

This move is considered a step forward into women empowerment in Railways.

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Agencies
February 6,2020

Even more than three years after demonetisation and all-out efforts to make most transactions through electronic, cash is still king, as it thrives in a digital India, said fintech start-up Paytm founder Vijay Sekhar Sharma.

"While cashless economy is not possible in India, less cash economy will be in the future. Less cash is the only solution, not the elimination of cash," Sharma told IANS in an interview after unveiling an all-in-one payment gateway on Tuesday.

Asserting that it would take 5-10 years for India to make the transition to digital payments from the traditional mode of cash, Sharma, 41, said the e-payment industry benefitted more from the November 8, 2016 note ban and withdrawal of old Rs 1,000 and Rs 500 denominations.

"I think it (demonetisation) helped the industry despite lack of specific help. But the world has changed since then. It is about the scale of distribution of merchants that is what is propelling digital payments," said Sharma.

Most of the cash not only came back into circulation, but also remains as the mode of payment for the majority due to its convenience for the people used to such transactions.

Expounding Paytm's zero service charge, Sharma said the strategy is sustainable as it leads to acquiring more customers and merchants, enabling newer business opportunities.

Paytm also does not levy a service charge to small merchants for its payments services, unlike organised players like Uber.

"Though there is a monetisation model, the merchants who are small shopkeepers, become our financial services customers as they open a bank account, which is profitable."

Paytm secured a Payments Bank license from the Reserve Bank of India to offer a savings bank account, Rupay debit card and money transfer services.

"We are banking on payment services acquiring customers and merchants who avail banking, lending, insurance, wealth and software services like billing software and business ledger software services eventually," Sharma noted.

The mobile first bank services include zero balance and zero digital transaction charge accounts.

"Basically, payments, cloud, commerce and financial services are a cohort we follow. So, payments is our customer as well as merchant acquisition. If it breaks even, we are happy because other line items make more money, he affirmed.

Noting that in a market like India, one cannot price services at a premium unlike in a developed country like the US, the billionaire businessman said a consumer in a developing country would not be able to afford such a hefty charge.

Forbes ranked Sharma as India's youngest billionaire in 2017, with a net worth of $2.1 billion.

While several countries operate on the model of higher service charges, Sharma said newer business models have to be discovered in India, as customer lifecycle value is accounted for more stages than in other nations.

Asked about an upscale retailer like Zara not giving a wallet payment option during its recent end of season sale in Bengaluru, Sharma said Paytm was addressing such hiccups with its all-in-one payment solutions.

"It's an opportunity, because if the retailer has our all-in-one point of sale machine, where in they enter the amount, it shows both the Quick Response code (QR) and card payment options," he observed.

Sharma compared older swiping payment machine to feature phones and modern ones to feature-rich smartphones.

"If you notice, they look like feature phones and the modern day card machine is more a smartphone like. You can add the smatphone components, which can add the features," reiterated Sharma.

Though Paytm's all-in-one QR point of sale machine integrates the billing system, its chief executive said it was not ideal to have an independent QR feature.

Paytm has 16 million strong merchant user base, which Sharma aims to raise to 26 million base in the next one year.

Sharma has launched in this tech city an all-in-one payment gateway and Paytm Business Payments solution, which enable digital payments through multiple methods for small and medium enterprises (SMEs) and an Android point of sale machine.

With the new gateway solution, collecting digital payments through multiple methods can be achieved seamlessly while Paytm Business Payments solution enables automated vendor payments, including employee salaries and customer refunds among others.

The One97 Communications-owned Paytm aims to help SMEs streamline and digitise their business activities using its new solutions, which enhance the overall efficiency of both accepting and making payments.

Paytm has a data bank of over 200 million saved cards and bank accounts, a feature which enables partner apps to shorten transaction times and propel faster conversions while using the all-in-one payment gateway.

Complementing the two solutions, Sharma also launched an all-in-one Android point of sale machine, which can accept payments through all forms such as cards, wallets, UPI apps and even cash.

The device has a QR code that supports all contact and contactless payments, coming with integrated billing software customized solutions for different sectors such as catering, ticketing, parking and others.

The handheld Android device is equipped with an in-built printer, scanner and can also generate bills.

Valued at $16 billion, Paytm is not alone in the fiercely competitive Indian fintech space where a dozen players like PhonePe, MobiKwik, Kotak 811 and deep pocketed international giants Google Pay and Amazon Pay are in the fray.

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News Network
February 17,2020

New Delhi, Feb 17: The Congress high command is likely to announce the party’s key troubleshooter in Karnataka, DK Shivakumar as the next state unit president with MB Patil as the working president, according to party leaders who spoke on condition of anonymity, in what could be a delicate balancing act between competing caste claims in the state..

Former CM S Siddaramaiah is likely to continue as the Congress Legislature Party leader, the leaders added.

The KPCC presidentship has been vacant ever since the incumbent Dinesh Gundu Rao resigned following the defeat in the bypolls, in which the ruling Bhartiya Janata Party (BJP) won 12 of the 15 seats, ensuring a majority for itself in the state assembly.

The state leadership issue became contentious following that, with Shivakumar, a Vokkaliga, lobbying to ensure that his role as party’s main go-to man during difficult times be rewarded, the leaders cited above said. Patil, a former home minister and a Lingayat leader, was the favoured choice of Siddaramaiah, they added.

A former minister in the Siddaramiah cabinet told HT on condition of anonymity the appointment was now “just a formality”.

“How long could the current uncertainty continue? Shivakumar is a go-getter who can also help generate funds for the party. For instance, on the Bidar school sedition issue, we were late and started an agitation only after the accused got bail. With Shivakumar at the helm, we will be more aggressive and able to put the BJP government on a mat by highlighting all their omissions and commissions,” the former minister added.

The decision to appoint Shivakumar -- a seven-term MLA who served in the cabinets of former CMs S Bangarappa, SM Krishna, Siddaramiah and HD Kumaraswamy -- is likely to be a controversial one. He faces ongoing income tax and Enforcement Directorate (ED) probes, is currently on bail after being jailed by the ED in a money laundering case. He

In his 2018 poll affidavit, Shivakumar declared assets worth Rs 840 crore, making him one of the richest politicians in the state. His brother DK Suresh is a two term parliamentarian and is the sitting MP from the Bangalore Rural constituency.

Shivakumar’s latest move to build the world’s largest Christ statue in his constituency in Kanakapura has also come in for severe attack from Sangh Parivar outfits, who claim the land he donated was government-owned and illegally usurped by him.

Political analyst Manjunath said that Shivakumar, if appointed, is likely to inject a great degree of dynamism into the functioning of the party.

“He sees himself as a future Chief Minister and is very ambitious. If the appointments are confirmed, it will only vindicate the fact that the party high command has tried to balance caste interests by having a Vokkilga, a Lingayat and a Kuruba – the three leading castes in the state - heading different parts of the party. Also since the BJP is making a concerted effort to break into the Vokkaliga votebank, nominating Shivakumar would be a smart move to consolidate the community behind the party,” he said.

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