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
July 6,2020

Bengaluru, Jul 6: A video clip of a Bengaluru-based doctor urging the follow doctors to return to their duty at a time when medicos are desperately needed to fight against COVID-19 has busted the myth of ‘shortage of beds’ in the hospitals. 

In past few of weeks, dozens of people in Bengaluru have lost their lives after hospital denied them admission citing lack of beds. 

Dr Taha Mateen, Managing Director of HBS Hospital, in an emotional message, appealed to healthcare professionals, including doctors, to help handle the situation better. The video has gone viral on social media.

“I speak from the ICU of HBS Hospital. It’s been a virtual bloodbath. I came in the morning at like 7:30 in the morning and its 12’o’clock midnight right now. Patients are continuously calling me now ‘cause their fathers are breathless, their brothers are breathless and they cannot find a room in Bengaluru and at this time if you see there is one Mr Shiva and me. There is no other doctor willing to work in this hospital,” Dr Mateen says in the video.

Dr Mateen further said, "I have beds, I have oxygen beds, I have ventilators, I have all the equipment. I have another 30 beds like this but I don’t have doctors working here.” He said that there is an urgent need to mobilise healthcare staff.

Sources said the COVID-19 patients at the hospital are left with only five doctors and 12 nurses. Until recently, the HBS Hospital had 20 nurses and 44 doctors on its roll.

According to a report, the hospital is facing huge difficulties in treating patients admitted at Intensive Care Units (ICU). Eight patients with severe respiratory problems are admitted to the hospital and are waiting for their COVID-19 test results.

"We have sufficient beds at the hospital to treat coronavirus patients, but we don't have doctors. And we can't admit more patients as we are left with just five doctors, said Dr Taha Mateen.

"All doctors are on WhatsApp, I request all doctors to come out and perform their duties, Dr Mateen said in a video appeal on WhatsApp, Twitter and Instagram. 

According to Dr Mateen, a COVID-19 patient, who was admitted to COVID care centre at Haj  Bhavan, was abandoned on a road by an ambulance driver. Later, the patient was picked by NGO volunteers. 

"The patient was brought to HBS Hospital at 2 am. He had a very low blood oxygen level. We stabilised his condition. Later, we had to send him home as we don't have enough staff to take care of him. We also sent an oxygen cylinder to his home," a report quoted Dr Mateen as saying.

Comments

Jeevitha Prativadi
 - 
Monday, 6 Jul 2020

Hi there ! 
This post absolutely broke my heart. I currently stay in Bangalore and I'm a mbbs graduate from Manipal university currently studying for my post graduation exam and I'd love to contact Dr Mateen to help out any way that I can. Please let me know the best way to contact him,  thank you!

 

 

Mohammed Asif
 - 
Monday, 6 Jul 2020

My grand salute to this doctor for his courage. As he mentioned now during this pandemic situation health staff are the frontline warrior to battle against this disease. As he quoted, all respected doctors please join your hand with him at least for humanity base. May almighty sure will protect and bless. 

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News Network
March 6,2020

Mysuru, Mar 6: A woman was murdered by her husband in front of her father in the wee hours of Friday at her home in Hosakamanakoppal, Yelwal hobli here, police said on Friday.

The police said the deceased is Mamatha, a native of Periyapatna who was married to Nagesh of Hosakamanakoppal about seven years ago. The couple has a six-year-old son. Mamatha was Nagesh’s second wife as his first wife had allegedly committed suicide.

It is said that Nagesh was addicted to liquor and gambling and used to fight with Mamatha over petty reasons. 

Yesterday night too, there was a fight between the couple and Mamatha’s father pacified both of them and all of them went to sleep later.

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News Network
January 21,2020

Bengaluru, Jan 21: Karnataka Chief Minister's political adviser MP Renukacharya has courted controversy yet again with his remarks targeting the Muslim community at a pro-CAA rally in Karnataka on Monday.

Addressing a rally in support of the new citizenship law, the BJP lawmaker accused Muslims of collecting weapons in mosques instead of praying. "There are few traitors who sit in a masjid and write fatwas. They collect weapons inside the mosque instead of praying. Is this why you want a Masjid," Renukacharya said on Monday.

Renukacharya said he won't hesitate to use the money allotted to Muslims for Hindus. "I will resort to such politics in my taluk where the money allotted for Muslims can be used for Hindus. I will put you [Muslims] in your place and show what politics is," said Renukacharya, who is a close aide of CM BS Yediyurappa.

This is not the first time a Karnataka BJP leader has made communal remarks targeting the minority community. Earlier, BJP MLA Somashekar Reddy had made controversial remarks at a pro-citizenship law protest in Ballari when he asked those opposing the Citizenship (Amendment) Act to think of the "consequences" if the majority community members hit the streets against them.

The MLA had said, "If you do any drama, then if 100 per cent people come, understand what will be your situation. Congress people are lying to you, believing them you are coming on streets. We are 80 per cent, you are 17 per cent, if we react, what will be your situation? Be careful," Reddy had said.

Following outrage, a case was filed against Somashekar Reddy for alleged provocative speech targeting those protesting against the amended citizenship law.

Comments

neshu mangalore
 - 
Tuesday, 21 Jan 2020

Hatred has no space in this world!!! these cheap politicians must show thier ways by the electing public .else conflicts never end .....Spread Peace..

 

God is watching!!!!

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