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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
August 6,2020

Bengaluru/Mangaluru, Aug 6: Battered by torrential rains, several parts of Karnataka are facing a flood-like situation for the third consecutive year, putting lives and property at risk. 

Several districts of the state's coastal, Malnad and north interior regions are receiving heavy rains and the showers are expected to continue, while there are reports of landslides in hilly areas of Kodagu and Chikkamagaluru districts.

With flood-like situation in several parts of the state, Chief Minister B S Yediyurappa, who is currently undergoing treatment for COVID-19 infection at a private hospital here, has ordered immediate release of Rs 50 crore for emergency relief.

"In wake of heavy rains in several parts of the state, I have instructed the Chief Secretary to review the situation and issued instructions to DCs (Deputy Commissioners) to closely monitor the situation & take necessary measures. Also ordered immediate release of Rs 50 crores for emergency relief purposes," he tweeted last night.

A statement released by the CMO on Thursday said, Yediyurappa has directed the district in-charge Ministers to take precautionary measures in the wake of heavy rainfall across the state.

He instructed the ministers to remain in their constituencies and tour the damaged areas and also directed them to undertake relief distribution and other necessary measures.

"Rs 50 crore has already been released and if necessary more funds would be released. The ministers can take decisions regarding emergency works," he added.

Revenue Minister R Ashoka said he had spoken to Deputy Commissioners of all the districts and given them necessary instructions to respond immediately to the situation.

He has called for a meeting of the disaster management authority later today.

Home Minister Basavaraj Bommai said he will be holding a meeting with the State Disaster Response Force (SDRF) regarding relief and rescue measures to be taken.

Parts of districts in coastal and Malnad regions are currently under red alert and rains are likely to continue there.

Officials said, "... depending on the situation we will downgrade the alerts, it (rains) is likely to reduce during the next couple of days...wind speed is also high some parts, it may also reduce."

In Kodagu district along with widespread rains, landslides have also occurred.

There have been landslides at Brahmagiri, near Talacauvery, the origin of river Cauvery.

"At least four to five people- including the Talacauvery temple priest and family are currently missing... rescue teams have reached the spot," officials said, adding that sensing danger the priest had been asked to vacate the house earlier but he did not.

This is the third consecutive year that Kodagu is facing floods and landslides.

Several parts of north Karnataka, especially the border district of Belagavi are also facing flood situation as inflow has increased in Krishna river and its tributaries due to heavy rains in neighboring Maharashtra and also in the district.

With inflow increasing in Tungabhadra river, there is flood like situation in parts of Ballari district also.

There is a similar situation in Uttara Kannada district that is battered by rains and heavy winds.

The swollen Gangavali river has caused flood like situation in parts of the district.

Due to continuous rains in coastal and Malnad region several rivers including Netravati are swollen and gates of the dams have been opened.

There are also reports of heavy rains and wind causing destruction to crops in parts of Dharwad and Haveri among other districts.

The Karnataka government had recently said it has identified 1,989 villages and over 51 lakh people in 19 districts as flood prone.

As a temporary arrangement for those who will be affected by floods, as many as 1,747 relief centres have been identified- they are schools, anganwadi centres, community centres among others, Minister Ashoka had said recently.

In August 2019, Karnataka witnessed one of its worst natural calamities when heavy floods affected 103 taluks in 22 districts, killing more than 80 people and displacing nearly seven lakh people.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 14,2020

Bengaluru, May 14: Amid the COVID-19 pandemic, Former Union Minister and Congress Karnataka MLC, C M Ibrahim has, in a letter to Chief Minister BS Yediyurappa, sought permission for the Muslim community to congregate at Idgah grounds and mosques to offer namaz together on the occasion of Id-ul-Fitr later this month.

"The Id-ul-Fitr festival in the state may be celebrated on the 24th or 25th May 2020, during which Muslims have to offer special prayers. On behalf of the entire community. I would suggest that the Government may take a decision by having due consultation with medical experts to grant permission for Muslims on the day of Id to offer prayers in the Idgah maidans or masjids from morning till 1 pm with all precautionary measures and safety norms," the letter states.

"In this regard. I request you to kindly look into the matter and after consulting the medical experts, take a suitable decision enabling Muslims all over the state to offer ld prayers at ldgah Maidans or Masjids in their respective localities," the letter added.

As part of its COVID-19 guidelines, the Ministry of Home Affairs had earlier directed states and Union territories to prevent social gatherings and religious congregations and ensure lockdown measures were strictly followed.

Comments

Sayed Noorulla
 - 
Friday, 15 May 2020

If Mr. Yediyurappa gives permission as reqested by Ibrahim, it will be adisastor for Muslims community, Saudi Arabia imposed , full curfew from 23rd to 30th May, 2020, this is  to avoid Eid gathering and spread of Corona Virus, our community should boycott such so called self declared leader.

 

Any new cases of Covid-19 cases will be blamed as Eid Jihad, request all our like minded people to protest this request.

Alert
 - 
Thursday, 14 May 2020

CM Ibrahim is just trying to attract media and public atttention. he is a useless politician. 

suhail
 - 
Thursday, 14 May 2020

Who is he?  What is he?  And what did he do to Muslim community and  who gave him the authorization to talk to the minister of behalf of Muslim Community

ahmed
 - 
Thursday, 14 May 2020

It will be disastrous for PR, and Joy ride for Atunab & sudir...

This Chadi people will be very happy and start calling this Eid Jeehad...

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 29,2020

Bengaluru, May 29: A cost-effective state of the art glove box testing booth for swab collection was inaugurated by Karnataka Medical Education Minister Dr K Sudhakar at Victoria hospital.

Inaugurating the specially designed booth for safer, easier and quicker testing, Medical Education Minister Dr Sudhakar said that the portable booths can be used at border check posts and hot spots.

"The testing method involves the collection of samples from inside a box of aluminium and glass. The suspected corona virus-infected individual, whose samples are being taken, has to walk up to the booth and stand in front of the glass exterior. The healthcare worker inside the kiosk collects the sample and then, follows the sanitisation process before proceeding to take the next sample. The collection process, fully contactless, gets over in five minutes," the Minister said.

Dr Sudhakar also said: "This booth significantly reduces manpower requirement and the need for PPE kits. The main advantages of this procedure are that it needs fewer healthcare workers and strictly adheres to the norms of social distancing. 

The booth is low-cost. Each model costs about Rs 15,000-20,000."
It is also portable and can be mounted on a vehicle and transported to any location.

It can be particularly useful for collecting samples in hot spots and border checkpoints, he added. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.