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
April 25,2020

Mangaluru, Apr 25: In the backdrop of protest staged by locals against the cremation of a 75-year-old woman, who was tested positive for coronavirus, Dakshina Kannada Deputy Commissioner Sindhu B on Friday stated that there is no chance of anyone getting infected from a corpse.

Protocols, as laid by the Centre with regard to cremation of Covid-19 patients, will be followed, said Sindhu in a statement.

The release added that the COVID-19 victims would be buried as per their religious customs. Not more than 20 people would be allowed to perform the last rites. Even closest relatives of the deceased would not be allowed to touch or bathe the body, the release said.

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News Network
April 29,2020

Bengaluru, Apr 29: Indian women have always been the epitome of beauty, strength, and intelligence. Today, the success of Indian women across various walks of life has proven that they have earned this reputation.

One such dedicated social worker is Dr Sunitha Manjunath, the Founder of 'Sumanaa Foundation' of Sanjay Nagar in Bengaluru.

Sumanaa Foundation, based out of Sanjay Nagar in Bengaluru has been on the forefront to support people in distress due to COVID-19. 

The foundation under the leadership of its founder Dr Sunitha Manjunath procured a total of 20000 kgs of farm-fresh produce in four phases from farmers who are unable to sell it due to the COVID Lockdown and have distributed it across 6000 families across Bengaluru city.

"We have procured these vegetables after identifying farmers who are unable to sell their produce due to the challenges of lockdown.

This initiative not only supports the farmers by helping them get the right price for their produce, but also gives us an opportunity to get vegetables at a reasonable price by escaping all middlemen and commissions. We have identified 6000 poor families mainly around Bengaluru city who have not been able to earn their daily wages and given them coupons.

The foundation members identify genuine cases and give them coupons which can be redeemed in exchange of an essential vegetables kit," said Dr Sunitha Manjunath, the founder of Sumanaa Foundation.

These vegetables have been procured from Chikkaballapura, Doddaballapura, and surrounding villages and included vegetables like onions, tomatoes, capsicum, green chillies, beans, carrots, brinjal, potatoes, beetroots etc. These farmers got a fair price for their produce and were overjoyed to know that their harvest is being distributed free of cost to needy and deserving families.

Sumanaa Foundation has been actively supporting the city administration in fighting COVID-19 pandemic. In the recent weeks the foundation has distributed sanitisers and masks to BBMP Pourakarmikas.

The foundation also cooked food for over 400 people each day. This food was handed over to the city administration, which further distributed this to the police department and other staff working across government departments during these testing times.

Dr Sunitha, an engineer by qualification, had enjoyed a high-flying corporate career with BOSCH. She was offered a global role, which she turned down to setup her NGO, 'Sumanaa Foundation' and to serve the needy in and around her locality. Over the past seven years, the NGO with 70 members has done a wide range of activities to support the poor and needy in Bengaluru.

The core team of Sumanaa Foundation works under the leadership of its president Dr Sunitha Manjunath and includes young and energetic individuals like Manjunath K, Prakash K, Vidya Prakash, Sindu Gowda, Byregowda, Nishita Arjun, Arjun Varadaraj and Manoj Kumar
'Meal of Humanity' is a notable initiative of Dr Sunitha Manjunath and her team. Under this program, over 300 poor people are served mid-day meals every day. 

This is currently a self-sustained program with no external funding. Dr Sunitha Manjunath, her family members, and friends contribute their hard-earned money to bring smiles to hundreds of migrant workers and daily wage laborers.

'Wall of Humanity' is another unique concept implemented by Sumanaa Foundation. People can leave used or unnecessary daily use products like clothes, toys, groceries, etc at a designated area. This can be picked by anyone in need of these items. This self-helping model has touched the lives of hundreds of people in and around the area of Sanjay Nagar.

Regular blood donation camps, eye checkups, scholarship for students, tailoring machine distribution, environmental initiatives, Swacch Bharath programs, wall painting across the roadside are just a few among the hundreds of activities undertaken by Sumanaa Foundation regularly under the leadership of Dr Sunitha Manjunath and her team of friends.

"A life without an aim is worthless and so is a death without achievement. The aim of my life is to touch the lives of the hundreds of people who are not as privileged as you and me. I'd like to thank my husband Manjunath, my In-Laws and my friends from Sumanaa Foundation who work tirelessly alongside me across all our initiatives," said an elated Dr Sunitha Manjuanth on receiving the 'ET Power Icons' award for Excellence in Social Service and Public Initiatives.

Dr Sunitha Manjunath has also been awarded the prestigious 'Kempegowda Award' and many more such awards for her contribution to the society.

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News Network
January 8,2020

Bengaluru, Jan 8: The all-India shutdown by trade unions and other organisations began with little impact in the tech city as normal life continued on a working day, an official said.

"No effect of shutdown in the city though banking operations are affected as bank staff are supporting the trade unions," a state official said here.

However, thousands of workers participated in other parts of Karnataka in the nation-wide shutdown call given by trade unions, protesting central government's anti-labour laws and privatisation policies.

Protesters were seen carrying the red trade union flags at several places such as Hassan, Chamarajanagar, Tumakuru, Mysuru, Bengaluru and others.

Massive protests were seen in Peenya, and Neelmangla areas of Bengaluru.

In Madikeri, stones were pelted at a bus and some protesters were detained in Kolar.

The trade unions are against the privatisation of railways and corporatisation of 49 defence production units.

Merging 44 labour laws into four code is also one of the demands of the protesting trade unions.

The protesters are demanding raising the minimum wage in the range of ₹21,000 - 24,000 per month.

The All India Trade Union Congress (AITUC), Centre of Indian Trade Unions (CITU), Indian National Trade Union Congress and Labour Progressive Federation (LPF) have given an all-India shutdown (Bharat Bandh) call on Wednesday.

Karnataka Chief Minister B.S. Yediyurappa instructed the intelligence chief and additional director general of police Kamal Pant to maintain law and order in view of the Bharat bandh when he apprised him of the situation.

Police tightened security across the city by deploying 11 deputy commissioners of police (DCPs), 23 assistant commissioners of police (ACP), 111 inspectors, 316 sub-inspectors, 476 assistant sub-inspectors, 4,547 constables along with 82 platoons of Karnataka State Reserve Police (KSRP).

In Bengaluru city, Metro services were not affected by the nationwide strike. In view of the shutdown, security was beefed at the Metro stations.

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