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
July 10,2020

Bengaluru, Jul 10: Accredited Social Health Activist (ASHA) workers under the All India Trade Union Congress (AITUC) on Friday held protests in different parts of Karnataka, demanding personal protective equipment (PPE) kits and a salary of at least Rs 12,000 per month.

According to Madhu Kumari, an ASHA worker from Kalaburgi, ASHA workers currently receive a salary of Rs 3,000 per month.

"Our demand is to increase our wages to at least Rs 12,000 per month. We have been making this demand for the last six months but we have not received any response from the authorities. We will not go back to work until we are given an appropriate response. We did not want to create a difficult situation but the government has given us no choice," Kumari told ANI.

Clad in their signature pink saris, the women were holding posters in their hands and raising slogans to demand appropriate salary for their work and the necessary equipment to protect themselves from the ongoing COVID-19 pandemic.

Farhana, an ASHA worker protesting in Shivamogga, said that the women have been making demands for PPE kits since June 30. "We have been taking care of COVID patients for the last few weeks but have not received adequate PPE kits. A few of us received some in the beginning but they were not enough. We are not even given hand sanitiser or masks to protect ourselves," she added.

"We have sent letters to the District Commissioner's Office and to the Ministry of Health and Family Welfare but our pleas have gone unheard. We are protesting to get the attention of the concerned authorities," she added.

They also demanded that authorities to conduct their COVID-19 tests as they have to deal with patients infected with the virus.

Sajida, an ASHA worker in Kalaburagi said, "We are very stressed about the COVID situation. We take care of sick people day in and day out, but no one is there to take care of us. We want the government to conduct COVID tests for all ASHA workers in the state."

Comments

Angry bakth
 - 
Sunday, 12 Jul 2020

ASHA worker its better to sleep in home instead of working and risking your life, 3000 rupes is nothing...who can work home....government of indian is one of the namarad and currupt, you wont get any hike...

 

poor people will survive this COVID but not the rich currupt politician, let them die like dog

 

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News Network
July 10,2020

Bengaluru, Jul 10: With 2,313 more people testing positive for coronavirus in Karnataka in the last 24 hours, its overall tally of patients rose to 33,418 on Friday, health officials said.

57 patients died in Karnataka in the last 24 hours, with majority (27) of them from Bengaluru, taking the state''s death toll to 543, the officials added.

Bengaluru accounted for 1,447 or 63 per cent of the new COVID-19 cases, spiking its tally to 15,329, out of which 11,687 are active cases.

The city alone accounts for 46 per cent of all the cases in the state.

As many as 45 deaths had Severe Acute Respiratory Infection (SARI) as a common symptom.

Among the new cases, excluding Bengaluru, Dakshina Kannada accounted for 139 infections, followed by Vijayapura (89), Ballari (66), Kalaburagi (58), Yadgir and Mysuru (51 each) among others.

On Friday, a record 1,003 patients got discharged, 601 of them in Bengaluru alone with the total number of discharges rising up to 13,836.

Until now, Karnataka has tested 7.79 lakh samples for Covid, out of which 7.28 lakh tested negative.

Despite the record number of discharges, patients in ICU rose to 472.

Of the 33,418 cases, 19,035 are active in the state.

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News Network
February 25,2020

Hubli, Feb 25: A Hubli court in Karnataka has sent to police custody till February 28 three students from Jammu and Kashmir, who were booked under sedition charges for raising pro-Pakistan slogan in a video shared on social media.

A second Joint Magistrate First Class (JMFC) court on Monday sent the three students, identified as Basit Ashik Sophi (19), Talib Majid (19) and Amir Mohiuddin (23), to police custody till February 28 for questioning in the matter.

The court directed the police to make the accused undergo a medical evaluation before the interrogation and produce the medical certificates in the court before the next hearing.

The three students were last week transferred to Belgaum Hindalga jail from Hubli sub-jail and the case, registered in Gokul Road police station, was also transferred to the rural police station because the video was recorded in the college hostel room which is in the latter's jurisdiction.

The Kashmiri students were under judicial custody since February 17 following their arrest for raising pro-Pakistan slogans and posting a video of the same on social media on the night of February 16. 

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