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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Agencies
May 30,2020

Mumbai, May 30: Former Bollywood actress Zaira Wasim has deleted her Twitter and Instagram accounts after being heavily trolled for quoting from the Quran while talking about locust attacks.

"So We sent upon them the flood and locusts and lice and frogs and blood: Signs openly self explained: but they were steeped in arrogance -- a people given to sin. --Qur'an 7:133," Zaira had tweeted.

Soon, she started receiving hateful comments from netizens who interpreted her post as a justification of the locust attacks. They felt that Zaira was suggesting that the incident is God's way of expressing wrath.

Shortly after being deluged with such comments, Zaira Wasim deleted her Twitter and Instagram accounts.

However, a section of netizens continue to attack Zaira on her Facebook page, where she put up the same post.

Commenting on the post, a user wrote: "Lady you must have taken into account of those people of JK, Kerala and elsewhere who are also suffering from the virus. Moreover the crops which are damaged by locust had no name as to who will consume them. In this hours of crisis please post something which is positive and reflects your education."

Another user shared: "So according to you, with all due respect every year on the same time period, Allah send locust to India to destroy the crops of poor farmers who are not even involve in the industrial rise, who don't use vehicle to destroy the nature, and Allah send locust only to harm the poor farmers and not the rich one who actually destroy nature."

"So those farmers who lost there fields of crops and will probably go into debt and may also commit suicide, those farmers who feed the nation, who feed you and every one, are sinners?" asked yet another user.

However, there were a few on social media who felt Zaira had done nothing wrong.

"Quoting Quranic Verse is not a crime... Why is every Indian abusing @ZairaWasimmm. She didn't mention any particular nation or religion. I request everyone please stand with #ZairaWasim. She needs our support. #ISupportZairaWasim," goes a tweet.

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News Network
April 10,2020

Bengaluru, Apr 10: With 10 new COVID-19 cases, Karnataka's tally of coronavirus cases has climbed to 207, the Karnataka government has said.

The 207 COVID-19 cases include 30 discharged and 6 deaths. Out of 10 new cases, 9 are close contacts of people who had earlier tested positive for coronavirus.

"10 more COVID-19 positive cases reported in Karnataka, taking the total number of positive cases in the state to 207, including 6 deaths and 30 discharged. 9 of the 10 new cases, are close contacts of people who had tested positive for the virus earlier," said the Karnataka government.

Meanwhile, the State Department of Health and Family Welfare has further notified 14 more COVID-19 dedicated hospitals in the state.

These hospitals include Bagalkot District Hospital, Chamarajanagar Institute of Medical Sciences, District Hospital Chikkaballapur, SNR District Hospital, Kandaya Bhavan Ramanagar, Tumkur District Hospital, Karwar Institute of Medical Sciences Uttara Kannada, Vijayapura District Hospital and Yadgiri District Hospital.

India's total number of coronavirus positive cases rose to 6,412 on Friday.

Out of the total cases, 5,709 are active patients and 503 of them have been cured/discharged, as per the Ministry of Health and Family Welfare.

With 30 new deaths reported in the last 12 hours, the toll stands at 199.

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News Network
March 25,2020

Bengaluru, Mar 25: Former Karnataka Chief Minister Siddaramaiah on Wednesday targetted Centre over surge in coronavirus cases in the country, alleging that the government has miserably failed in tackling the unprecedented situation and was still not managing the crisis well.
"The government has miserably failed in tackling this very serious disease. They are not properly managing the crisis," senior Congress leader Siddaramaiah told ANI.
Siddaramaiah's response comes a day after Prime Minister Narendra Modi announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.
The Prime Minister said the lockdown has drawn a "Lakshman Rekha" in every home and people should stay indoors for their own protection and for that of their families.
Noting that the Centre has on Tuesday allocated Rs 15,000 crore for the treatment of coronavirus patients and to strengthen health infrastructure, he said testing facilities, personal protective equipment, isolation beds, ICU beds, ventilators and other necessary materials will be ramped up.
The Prime Minister said the country will have to bear the economic cost of lockdown but saving the life of every citizen is his priority and the priority of the Central and state governments as also of local administrations.
Noting that the virus spreads like fire, he said that if care is not taken for 21 days, the country, a family can go behind by 21 years.
According to the Indian Council of Medical Research (ICMR), India has reported about 536 individuals have been confirmed positive among suspected cases and contacts of known positive cases. A total of 22,694 samples from March 24 till 8 pm.
Ten people have died so far due to the deadly virus, according to the data by Union health ministry.

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