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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coastaldigest.com news network
May 5,2020

Mangaluru, May 5: Even though India is all set to bring back Indian nationals stranded abroad through special commercial flights, no flights have been arranged for the repatriation Kannadigas stuck in Kingdom of Saudi Arabia in the first phase (May 7 to May 14). However a few flights will fly from Saudi to Kerala and Delhi.

The government is likely to introduce flights from Saudi Arabia to Karnataka (Bengaluru and Mangaluru Airports) in second or third phase.

Fill the Form

All Indian nationals in Saudi Arabia who seek repatriation are supposed to fill form in the following link: https://t.co/K5Hbmr4cFP 

Meanwhile, the Indian Embassy in Riyadh has clarified that the purpose is only to collect data and no decision has been taken yet regarding resumption of flights.

High airfare

Even though some GCC governments paid the ticket fares to bring back their citizens, the government of India has clarified that it will not pay the ticket fares of Indian nationals stranded abroad. It is predicted that tickets on repatriation flights from Saudi Arabia to India could be costlier than regular airfare.

Only asymptomatic can travel 

As per Standard Operating Protocol, medical screening of passengers would be done before taking the flight. Only asymptomatic passengers would be allowed to travel. During the journey, all these passengers would have to follow the protocols, such as the health protocols, issued by the ministry of health and the ministry of civil aviation," it said in a statement.

Mandatory quarantine

The govt has made elaborate arrangements to conduct medical test on arrival at the Airports. As per plan, based on medical check-up, passengers will be categorised as group A/B/C. Later, they will be quarantined for the mandated days

Respective district administrations have taken steps to quarantine people returning from outside India. Marriages halls, general halls and hostels are being identified for the quarantine.

Comments

SAMSHUDDEEN
 - 
Wednesday, 6 May 2020

I m stucked here..no ikana no money no salary...no food

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coastaldigest.com news network
July 23,2020

Belagavi, Jul 23: As many as 14 persons have been arrested following last night’s violence at Belagavi Institute of Medical Sciences (BIMS) - District Hospital.

Angered over the death of a Covid-19 patient, family members had turned violent and damaged the BIMS with stones and set an ambulance on fire alleging medical negligence. 

The 55-year-old male had been admitted to the hospital for treatment on July 19, for treatment of Severe Acute Respiratory Infection (SARI) and was positive for Covid-19 according to the report received on Wednesday. He died on Wednesday night while being shifted to Intensive Care Unit for treatment of respiratory problems.

Police rushed to the spot and brought the situation under control. Two persons were detained in the spot and 12 persons later. The matter is under investigation and the police have launched a manhunt to nab the other accused.

During the violence, a police personnel and five other hospital staff suffered injuries.

Meanwhile, prohibitory orders under Section 144 CrPC were imposed in the areas surrounding the hospital to prevent crowd gathering. 

Deputy Commissioner M G Hiremath visited BIMS on Wednesday night and held a meeting with the doctors and nurses treating the patients and those who were at the receiving end of the violence.

Hiremath said that he instilled confidence among the doctors and nurses and assured them that safety measures would be taken. Security arrangements will be made and prohibitory orders will be imposed. Presently entry of people has been banned, he said.

Police Commissioner Dr K Thiyagarajan said that cases will be filed against all those responsible for the violence. People whose vehicles have been damaged can also file complaints.

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News Network
May 20,2020

Bengaluru, May 20: Ride-sharing company Ola Cabs said on Wednesday it will lay off 1,400 of its employees due to business uncertainty caused by the coronavirus pandemic while the revenue has come down by 95 per cent in the past two months.

"The COVID crisis continues to unfold all around us causing unprecedented economic and social destruction. It has also become evident that the coronavirus will not be eliminated any time soon," wrote co-founder and CEO Bhavish Aggarwal to all Ola employees.

"In these circumstances, today I write to all of you with the toughest decision I have ever taken -- the need to downsize our organisation and let go of 1,400 of our valued employees," he said.

Aggarwal said the fallout of virus has been very tough for the cab aggregating industry in particular. "The company's revenue has come down by 95 per cent over the past two months," he said.

Initially, he said, the company hoped it would be a short-lived crisis and that its impact would be temporary. "But unfortunately, it is not been a short crisis. And the prognosis ahead for our business is very unclear and uncertain. It is going to take a long time for people to go out and about like before."
With more companies preferring to have a large number of employees work from home, air travel limited to essential trips and vacations being put off for better times, the impact of this crisis is definitely going to be long-drawn, said Aggarwal.

"The world is not going to revert to the pre-COVID era anytime soon. Social distancing, anxiety and an abundance of caution will be the operating principles for everyone," he told employees.

Aggarwal said the crisis necessitates the need to conserve cash aggressively so that Ola is able to invest in opportunities in the future, adding the downsizing exercise has been a very tough and sad decision for the management team to make.

"While we restructure our organisation to the new realities of our business, we are also going to recommit ourselves to strengthening our operational excellence and leverage a lot more technology to improve efficiencies and reduce cost across all parts of our business," he said.

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