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 web desk
January 3,2020

Mangaluru, Jan 3: A young entrepreneur reportedly jumped off the Netravati bridge near Thokkottu on the outskirts of the city today morning.

The youth who allegedly committed suicide has been Navesh Kottari, 30, a resident of Ullalbail. He was the proprietor of N J Shamiyana.

The incident took place at around 6:30 a.m. Police and fire brigade rushed to the spot after sometime and launched search operation for the body in the river Netravati.

The body was retrieved in the afternoon.

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Media Release
July 22,2020

Mangaluru, Jul 22: City based APD Foundation has mooted the idea of giving state recognition and compensation for ‘Covid Saviors’, namely healthcare workers and civic officials who die in the line of duty in the war against Coronavirus pandemic. This suggestion was formally proposed by Abdullah A. Rehman, Founder & CEO, APD Foundation in a letter addressed to Shri Narendra Modi, Hon’ble Prime Minster of India and Shri B. S. Yediyurappa, Hon’ble Chief Minister of Karnataka on July 22, 2020.

In the letter Mr. Rehman asserts that COVID-19 pandemic has caused widespread devastation in the country and played havoc in the lives of the common man. In this scenario, the healthcare workers, such as doctors, nurses and paramedics along with civic officials have emerged as the saviors of the suffering humanity. They expose themselves to great personal risk while treating Covid patients. Many of them catch infection and a few of them have died. Such persons deserve to be recognized by the government for their supreme sacrifice.

Elaborating the rationale behind the proposal, the letter draws comparisons with practice of soldiers who die on the battlefield being glorified as ‘MARTYRS’. The slain soldiers are decorated posthumously with medals and titles of honour. Their families are provided with generous cash compensation so that the future of their widows, children and parents are safeguarded. They are provided with allotment of land, lucrative business opportunities like petrol pump / gas agency or reservation in government jobs for their spouse and children.

The letter suggests that healthcare workers and civic officials who succumb in the line of duty should also be similarly honoured. “Hence I propose that healthcare workers like doctors, nurses and paramedics who die while treating Covid patients should be recognized as ‘COVID SAVIORS’. Civic officials who are working for the cause should also be included in this scheme. Generous compensation should be paid to their families so that their future welfare is ensured as if they were alive,” Mr. Rehman has written.

The suggestion has been made in the wake of news reports that the Odhisha State Government has announced compensation of Rs. 50 lakhs and state honours for healthcare workers who die on Covid duty. Similarly the French government has announced a major increase in salary to its healthcare workers. In the same manner India too can provide optimum welfare to its health workers and set an example on the world stage.

“Though Covid pandemic is likely to be a temporary phenomenon, there is a need to recognize the service of those who are helping society to overcome this grave crisis. They inspire confidence in the hearts of the common people in the same manner as soldiers in uniform do. Hence I urge you to accept the suggestions made herein and announce the same at the earliest,” Mr. Rehman concludes in his letter.

Copies of the letter have also been sent to Shri Nalin Kumar Kateel, MP, Mangalore, Shri D. Vedavyas Kamath, MLA, Mangalore and Smt. Sindhu B. Rupesh, IAS, Deputy Commissioner, DK District for their information and follow up action.

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News Network
July 9,2020

Bengaluru, Jul 9: Alarmed over surging COVID-19 cases, the Karnataka government has decided to divide this tech city into containment zones to curb the spread of the pandemic, a state minister said on Thursday.

"The city will be divided into red, orange and yellow zones in commensurate with the number of Covid cases in them for containing the virus spread on war footing," Law and Parliamentary Affairs Minister J.C. Madhuswamy told reporters here.

Cabinet ministers representing assembly segments in the city will be in-charge of the zones to ensure the cases are curbed with strict enforcement of lockdown guidelines, especially wearing mask and maintaining social distancing by the people in the confinement areas.

"Chief Minister B.S. Yediyurappa has convened a meeting of ministers, MLAs, MPs and corporators of all the 198 civic wards across the city on Friday to discuss and draw an action plan to contain the pandemic," said Madhuswamy.

With 1,148 positive cases, the city''s Covid tally rose to 12,509 and active to 10,103, while 2,228 were discharged, including 418 on Wednesday, while 177 succumbed to the infection since March 9, with 23 in the last 24 hours.

"The Chief Minister ordered deploying more ambulances in the containment areas where cases have been spiking daily to rush Covid patients to the nearest hospital for immediate treatment," said Madhuswamy.

The city civic corporation -- Bruhat Bengaluru Mahanagara Palike (BBMP) --has increased the containment zones to 3,181 due to more cases spiking, with southern and western suburbs accounting for most infections.

"The containment zones are concentrated more in the city''s southern and western suburbs. Active cases doubled over the last 8 days and shot up to a whopping 12,509 from 4,555 on June 30," an official said.

Refuting graft charges by opposition Congress leader Siddaramaiah in the purchase of medical equipment for treatment of Covid patients, Madhuswamy said the state government had not spent more than Rs 600 crore so far.

"We are running a government. Not a private office. We will give account. He (Siddaramaiah) is welcome to check the accounts and verify the documents," asserted the minister.

In a related development, the cabinet also approved an ordinance to increase the state contingency fund to Rs 500 crore from Rs 80 crore for the Covid-19 induced economic relief measures announced by the chief minister in June.

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