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 22,2020

Bengaluru, Jun 22: Areas having three to four COVID-19 cases being termed as clusters will be totally sealed and maximum testing will be conducted there, moreover only critical cases will be shifted to COVID hospitals in Bengaluru, said Karnataka Home Minister Basavaraj Bommai.

Speaking to media persons, Karnataka Home Minister Basavaraj Bommai said, "It has been decided that clusters (areas having 3-4 #COVID19 cases) will be totally sealed and maximum testing will be done there. Only critical cases will be shifted to Covid hospitals. I demanded that police personnel are tested on priority."

"A lot of issues were discussed about the spike in COVID-19 cases. As far as hospitals are concerned there are two types of patients, asymptomatic and symptomatic, moderate and critical. Moderate and normal cases can be shifted to COVID centres," he added.

Bommai further added that beds in hospitals need to be reserved for corona warriors as well.

"There has to be a coordination between BBPM who brings the patient and the hospital, the moment a positive case is reported to avoid the waiting period. Even in hospitals, some beds have to be reserved for corona warriors. Community transmission is not yet there but we have to be prepared," he added.

Earlier today, Karnataka Chief Minister BS Yediyurappa had called an emergency meeting of concerned officials and departments to discuss measures to control rising COVID19 cases in Bengaluru.

As the numbers of COVID-19 cases are increasing in Bengaluru at an alarming rate, the Chief Minister opined that this can be contained only if preventive measures were implemented strictly.

He directed the officials to implement lockdown strictly in the clusters, which reported more number of cases, especially KR Market and surrounding areas such as Siddapura, VV Puram, Kalasipalya. It was decided to seal the adjoining streets, where the cases are reported.

He said that stringent action would be taken against those who violate quarantine and FIR would be filed if necessary.

Officers were directed to fix rates for treatment of COVID patients in private hospitals to make coronavirus treatment accessible to all.

Yediyurappa further instructed officials to set up fever clinics in all wards and maintain hygiene and provide other basic amenities to the people who were quarantined in social welfare hostels and other government institutions.

"COVID-19 should be contained without affecting the economic activities in Bengaluru, which resumed recently," he said.

"COVID War Room shall have real-time information on the availability of beds in various COVID hospitals and shall facilitate the infected person to avail treatment without losing any time," added Yediyurappa.

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News Network
May 1,2020

May 1: India on Thursday called as "propaganda" certain social media posts from the Arab world alleging harassment of Muslims in several parts of the country in the name of containing the spread of coronavirus.

Strongly rebutting the charges, External Affairs Ministry Spokesperson Anurag Srivastava said the Gulf countries are deeply committed to friendly relations with India and they are even seeking bilateral talks on the post-COVID-19 economic recovery.

Talking about India's close and traditional ties with the Arab countries, he said New Delhi is ensuring uninterrupted supply of food and essential commodities to the region during Ramzan as part of its deep-rooted friendship.

Srivastava said the countries in the region do not support any interference in India's internal affairs.

"Much of what you see is propaganda by interested parties. Stray tweets can not be used to characterise our bilateral ties with these countries. The real picture of these relations is very much different," he said during an online media briefing.

There has been a wave of angry reactions on Twitter by leading citizens and rights activists from various Arab countries following allegations that Muslims are being blamed for spreading COVID-19 in several parts of India.

The Organisation of Islamic Cooperation, a powerful bloc of 57 countries, recently accused India of "Islamophobia". India rejected the charges as regrettable.

"We have been making special efforts to ensure uninterrupted supply of food and essential commodities which are required during the Ramzan period in these countries, and this is something which has been greatly appreciated. These countries also want a priority discussion with India on the post-COVID-19 economic recovery," Srivastava said.

Prime Minister Narendra Modi and External Affairs Minister S Jaishankar have been in regular touch with their counterparts from the region in the wake of the coronavirus pandemic.

"In these discussions, there have been requests for sending medicines and medical teams to these countries. We already deployed a Rapid Response Team in Kuwait. There is also a request to send doctors and nurses from India," said Srivastava.

"What comes out clearly is that these countries are deeply committed to friendly relations with India. They also do not support any interference in internal matters of India. It is, therefore, important that the friendly and cooperative nature of our relations is accurately recognised and the misuse of social media is not given credence," he added.

Asked about reports of an order issued by Oman's Finance Ministry asking all state-owned companies to replace foreign workers with qualified local Omanis, Srivastava said it is not aimed at Indians working in the Gulf nation.

"The policy is a decades-old one and not specific to India. It does not target the Indians in any way," he said.

There have been apprehensions that the order will render thousands of Indians working in state-run firms in Oman jobless.

"They greatly value relationship with India. Government of Oman is taking special care of Indians which included free testing for coronavirus, its treatment, providing food," the MEA spokesperson said.

Oman government is also extending certain categories of visas of Indians.

Srivastava said India has been in touch with its friends and partners across the world as part of the collaborative approach to dealing with the pandemic.

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News Network
April 5,2020

Madikeri, Apr 5: Following the novel Coronavirus and imposition of Lockdown in the country and departure of the migrant labour force to their hometowns, the harvest of Pepper and post-harvest process of Coffee have taken a hit in Kodagu region of Karnataka.

In the Coffee land, most of the workers at these estates are primarily from north Karnataka and neighbouring districts, including Periyapatna and Hunsur taluks in Mysuru District. Local workers are also sourced for the job as the harvest area is large.

The Kodagu district which already faced severe natural calamity during the last two years now added with the COVID-19 outbreak and the subsequent Lockdown, many workers have returned to their home districts, barring a few who have been working in the plantations for many years and reside in the estates themselves.

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