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
June 2,2020

Bengaluru, Jun 2: Karnataka recorded a biggest single day spike of 388 COVID-19 cases, with returnees from neighboring Maharashtra continuing to add to the state's tally, taking the total number of infections in the state to 3,796, the health department said on Tuesday.

With 367 out of 388 new cases being returnees from other states, mostly from neighboring Maharashtra (357), the Karnataka government said it was mulling over increasing institutional quarantine for those returning from the western state. Meanwhile, achieving a milestone in the battle against the coronavirus,the Karnataka Institute of Medical Sciences at Hubballi has successfully treated a COVID-19 patient through plasma therapy.

"Maharashtra (returnees) is a major worry for us, already 15,000-20,000 people have come from Maharashtra, still 2000 odd people may come to each district, as we have allowed so many people already, we have decided to allow them also, Revenue Minister R Ahoka said.

Speaking to reporters here, he said ".....cases coming from Bombay and Pune are turning out to be positive, we have to take extra caution, seven days quarantine (institutional) is of no use, we want to increase it specifically for those returning from Maharashtra.

We will take a decision soon and issue order." Chief Minister B S Yediyurappa earlier directed district authorities including the Deputy Commissioners and Superintendents of Police to camp at taluk centres and work towards curbing the spread of COVID-19. Pointing out that COVID-19 cases were increasing in the state because of returnees from Maharashtra, he asked officials to take all necessary measures to check it, his office said in a release. The previous biggest single-day spike was recorded on May 31 with 299 cases. As of June 2 evening, cumulatively 3,796 COVID-19 positive cases have been confirmed in the state, which includes 52 deaths and 1,403 discharges, the health department said in its bulletin.

It said out of 2,339 active cases, 2,325 patients are in isolation at designated hospitals and are stable, while 14 are in ICU.

According to the bulletin,75 patients have been discharged today.

Medical Education Minister K Sudhakar said Karnataka Institute of Medical Sciences in Hubballi has successfully treated a COVID-19 patient through Plasma Therapy.

"Karnataka achieves yet another milestone in battle against #COVID19.

KIMS Hubli has successfully treated a Covid19 patient through Plasma Therapy & is the first institute in the state to accomplish this. Congrats to KIMS doctors & staff for this feat!" the Minister tweeted.

Among the districts where the new cases were reported, Udupi accounted for 150 cases, followed by Kalaburagi 100, Belagavi 51, Raichur 16, Bengaluru urban 12, Bidar 10, nine each from Bagalkote and Hassan, Davangere seven, Yadgiri five, four each from Mandya and Vijayapura, Bengaluru rural three, two each from Chikkaballapura, Dharwad and Tumakuru, and one each from Kolar and Haveri.

Udupi district tops the list of positive cases with 410 infections, followed by Kalaburagi 405 and Bengaluru urban 397.

Among discharges too Bengaluru urban tops the list with 237 discharges, followed by Kalaburagi 128 and Davangere 121.

A total of 3,19,628 samples have been tested so far, out of which 14,812 were tested on Tuesday alone.

According to the bulletin, 3,10,967 samples have reported as negative, 13,915 on Tuesday alone.

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News Network
May 13,2020

Bengaluru, May 13: Former chief minister and senior Congress leader Siddaramaiah on Wednesday called the measures announced by Finance Minister Nirmala Sitharaman as 'disastrous' and said it is 'non-existent' in terms of benefits to poor migrants, labourers, contract employees and farmers.

"The first set of measures announced by @FinMinIndia @nsitharaman, after 8 PM speech by @narendramodi, is disastrous & non-existent in terms of benefits to poor migrants, labourers, contract employees, farmers, etc," Siddaramaiah said in a tweet.

The Congress leader said most of the intended benefits may not reach the end recipient.

This comes a day after Prime Minister Narendra Modi announced a Rs 20 lakh crore special economic package to revive the COVID-19 hit economy.

"The contribution by the government for the schemes announced are mostly notional and less of actuals and the devil lies in the detail," the Congress leader said in another tweet.

After Sitharaman announced support measures for MSMEs, Siddaramaiah said, "The credit infusion to MSMEs may help them clear dues to vendors but it is doubtful if they shall utilise the credit available to pay their labourers & to prevent job cuts. @FinMinIndia should have taken measures to pay part of the salaries to the employees in MSMEs."

Further questioning the Centre on 'ignoring the spending for boosting consumption', Siddaramaiah said, "The government is interested in capital infusion in the form of credits but totally ignorant of the actual spending that needs to be done to boost consumption. How can credit be considered as government spending?"

Siddaramaiah said the next set of measures should benefit the marginalised sections.

"Will be looking forward to next set of measures & I hope it will be something to benefit the marginalised sections. Direct benefits to the poorest sections will help them survive this pandemic. COVID-19 fight should not be another perception battle but a real one," he added in another tweet.

Sitharaman earlier announced Rs 3 lakh crore collateral-free automatic loans for businesses, including MSMEs.

Besides this, she also stated that to provide stressed MSMEs with equity support, the government will facilitate the provision of Rs 20,000 crore as subordinate debt.

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News Network
April 3,2020

Mangaluru, April 3: A police officer in Sullia town of Dakshina Kannada district got injured on Friday after unidentified youth pelted stones at him.

The incident took place when the cop stopped them from entering into the state from Kerala in the view of nationwide lockdown. He was later administered medical aid.

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