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
May 29,2020

New Delhi, May 29: Opining that there is no harm in importing ideas from abroad Swadeshi Jagran Manch, an affiliate of Rashtriya Swayamsevak Sangh, has suggested that India should take a cue from Pakistan and turn the “locust threat” into “chicken feed.

In an interview, Ashwani Mahajan, national co-convener of Swadeshi Jagran Manch (SJM) said: “I saw an article which shows that Pakistan has turned the locust threat into an opportunity by converting it into chicken feed”

“If there is a good idea originating from anywhere, we should be open to exploring such ideas. We should adopt good ideas. There is no harm in that,” he added.

He also shared the article on Twitter and wrote: “Pakistan turns locust threat into chicken feed. Need to understand the idea and replicate it in India.”

The article stated “an innovative pilot project in Pakistan’s Okara district offers a sustainable solution in which farmers earn money by trapping locusts that are turned into high-protein chicken feed by animal feed mills”.

“It was the brainchild of Muhammad Khurshid, a civil servant in the Ministry of National Food Security and Research, and Johar Ali, a bio-technologist from the Pakistan Agricultural Research Council,” according to the article.

Both Pakistan and India have been hit by locust attacks. These are desert locusts, which is one of the 12 species of short-horned grasshoppers. Swarms can comprise billions and travel up to 130 km in a day.

India has been battling the locust attacks with moderate success since December. However, the onset of monsoon could bring more trouble.

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News Network
April 12,2020

Bengaluru, Apr 12: Former chief minister H D Kumaraswamy on Sunday appealed to the Central government to announce the rent rebate scheme for the benefit of tenants in the wake of economic activities coming to a grinding halt due to COVID-19 related lockdown.

In a series of tweets, Kumaraswamy said people are facing difficulty in paying rent as usual and hence the rent rebate scheme should be initiated.

"Many countries have already announced rent rebate scheme for tenants during COVID19 emergency. It is surprising that Indian Govt has not announced any such relief even to residential tenants. I urge the PM to immediately come to the rescue of everyone living in rented housing," Kumaraswamy tweeted.

He said a considerable workforce and students in metropolitan cities live in hostels and rented houses.

As all economic activity has come to a grinding halt, it is very difficult for them to pay the rent as usual.

The Prime Minister must announce rent rebate scheme, he added.

Highlighting the plight of the tenants, Kumaraswamy said, "If the landlords insist on rent, the tenants cannot even go searching for new accommodation due to the emergency. Hence the government intervention is essential. The PM must announce a comprehensive national rent rebate scheme for COVID-19 emergency."

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News Network
July 3,2020

New Delhi, Jul 3: Accredited Social Health Activists (ASHAs) in Karnataka have emerged as a "crucial pillar in the state's success" in combating Covid-19, the Union Health Ministry said on Friday.

Acknowledging and praising their work, the ministry said they have been actively participating in household surveys in the state, screening inter-state passengers, migrant workers and others in the community for symptoms of the infection,

“Around 42,000 ASHAs have emerged as a crucial pillar in the state's success” in combating Covid-19, the ministry said.

"Recognizing the increased vulnerability of certain population groups to Covid-19, in a one-time survey to identify households with the elderly, persons with co-morbidities, and immune-compromised individuals, about 1.59 crore households were covered," the ministry said in a statement.

ASHAs regularly monitor such high-risk groups in their area with a periodicity of follow-up visits varying from once a day in the containment zones to once every 15 days in other areas, it said.

They also visit the houses of persons complaining influenza-like-illness (ILI) symptoms and severe acute respiratory infections (SARI), besides high-risk individuals who have called the state health department helpline numbers, the ministry said.

ASHAs are a part of the Rural Task Force, headed by Panchayat Development Officer (PDO) at the Gram Panchayat level, for addressing public grievances on both Covid-19 and non-Covid-19 related services.

ASHAs are trained female community health activists selected from the village itself and accountable to it. They are trained to work as an interface between the community and the public health system.

In the urban areas too, they have been at the forefront of dissemination of various awareness activities in fever clinics and swab collection centres in urban areas.

They have also actively screened cases of ILI and SARI in urban areas. They are also part of the screening teams at international and interstate check-posts.

Karnataka has reported 272 Covid-19 deaths and 18,016 cases, according to the health ministry data updated at 8 AM.

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