SC verdict on adultery welcomed by lawyers, activists

Agencies
September 27, 2018

New Delhi, Sept 27: The Supreme Court verdict on Thursday declaring that adultery is not a crime was welcomed by several people who said it was a good riddance to an antiquated law, though some experts raised concerns over the judgement.

A five-judge Constitution bench headed by Chief Justice Dipak Misra was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.

BJP spokesperson Nalin Kohli said that every judgement of the SC has to be welcomed because it becomes the law "which we all have to subscribe to.

"We have to look at judgements of the Supreme Court with regards to fundamental rights, whether it is equality of either men or women or everyone before the law or it is about right to privacy or it is about freedom of speech and expression.

"It has to been seen in context of this evolution. This judgement is a step in that direction. Every judgement of the SC has to be welcomed because it becomes the law which we all have to subscribe to," he said.

All India Majlis-E-Ittehadul Muslimeen president Asaduddin Owaisi raked up the issue of triple talaq, saying the Supreme Court decriminalised sections 377 and 497, but it had just "set aside" the practice of instant divorce among Muslims, and the government made it a penal offence through an ordinance.

"The Supreme Court didn't say Triple Talaaq is Unconstitutional but "set it aside "but Apex Court has said 377 & 497 is Unconstitutional will Modi Government learn from these judgments and take back their Unconstitutional Ordinance on Triple Talaaq (sic)," he tweeted.

Reacting to the judgement, social activist Brinda Adige asked if the judgement allows polygamy too? "Because we know that men very often marry two-three times and there is so much of problem when the first, second or third wife are abandoned."

"If adultery is not a crime, how is this women even going to file a case against the husband who might desert or abandon her. It's a concern," she said.

Congress leader Renuka Choudhary also sought more clarity on the issue.

"This is like criminalising the triple talaq law. They have done that but now the men will just abandon us or not give us talaq. They will have polygamy or nikah hallala which creates hell for us as women. I am glad its not a crime anymore but I do not see how it helps. The court should see across the board and give us a clarity," she said.

Other activists and lawyers hailed the judgement.

Senior Supreme Court lawyer Prashant Bhushan termed the verdict a fine judgement.

"Another fine judgement by the SC striking down the antiquated law in Sec 497 of Penal code, which treats women as property of husbands & criminalises adultery (only of man who sleeps with someone's wife). Adultery can be ground for divorce but not criminal," Bhushan said on Twitter.

Congress MP and president of women's wing of the party Sushmita Dev agreed with him.

"Excellent decision to de-criminalise adultery. Also a law that does not give women the right to sue her adulterer husband & can’t be herself sued if she is in adultery is unequal treatment & militates against her status as an individual separate entity," she tweeted.

Her party colleague Priyanka Chaturvedi lauded the verdict, saying there are some laws that need to be changed, modified or removed with time.

"It was a 150-year-old law which does not have a place in new India but at the same time we also want to note that adultery is not normal and can be a ground for divorce which in my opinion is a very fair judgement keeping in mind the country we live in and the century we are living in," she said.

Kavita Krishnan, Secretary, All India Progressive Women's Association (AIPWA) and a CPI(ML) Polit Bureau member said decriminalising adultery is welcome and was long overdue.

"Adultery is now grounds for divorce not crime. The law criminalising men for relations with some other man's wife was patriarchal, assumes wife is husband's property and has no autonomy. Good riddance #AdulteryVerdict," she tweeted.

National Commission for Women chief Rekha Sharma, too, welcomed the judgement and said it should have been removed long time ago.

"This is a law from the British era, although British had done away with it long back, we were still stuck with it," she said.

According to social activist Ranjana Kumari, "patriarchal control" over women was unacceptable. "We welcome the judgement by the SC striking down the 158yr old law based on Victorian values, in Sec 497 of Penal code, which treats women as property of husbands & criminalises adultery. Patriarchal control over women's body unacceptable," she tweeted.

The Supreme Court bench held that while adultery should not be a criminal offence it would continue to be treated as civil wrong, and can be ground for dissolution of marriage.

There can't be any social licence which destroys a home, Chief Justice Dipak Misra said.

Section 497 of the 158-year-old IPC says: "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."

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Agencies
July 15,2020

Lucknow, Jul 15: As many as 122 alleged criminals were killed in over 6,000 encounters in Uttar Pradesh in the past three years, while 13 policemen also lost their lives during this period, a senior police official said.

He also said over 2,000 criminals were injured in police action, while over 13,000 of them have been arrested.

"Thirteen policemen have been killed in action in as many as 6,126 encounters (in UP), while as many as 122 criminals have been gunned down," Additional Director General of Police (Law and Order) Prashant Kumar said while sharing details of police encounters from March 20, 2017, to July 10, 2020.

As many as 13,361 criminals have been arrested, while 2,296 criminals were injured in police encounters, he said, adding 909 policemen were also injured in these incidents.

Referring to the Kanpur ambush in which eight policemen were killed, Kumar said, "Of the 21 named accused in the incident, six have been killed and four arrested so far. A hunt is on to nab the 11 other accused."

Eight police personnel, including a DSP, were gunned down by the henchmen of gangster Vikas Dubey in Bikru village of Kanpur on July 3.

Seven others, including a civilian, were injured in the attack after the police team entered the village past July 2 midnight to arrest the gangster.

Dubey was later killed in an encounter on July 10 after police claimed that he tried to escape from the spot in the Bhauti area where the vehicle carrying him from Ujjain to Kanpur met with an accident.

Kumar said overall there has been a decline in the crime rate in the state this year compared to the last year.

"A total of 579 instances of loot took place in the state from January 1, 2020, to June 15, 2020. This is 44.17 per cent less compared to the crimes committed in the same period in 2019, the ADG (Law and Order) said.

He said 33 incidents of dacoity have been reported in the state this year so far. It is 37.74 per cent less compared to the crimes committed in the same period in 2019 .

Similarly, 2,604 instances of burglary have taken this year so far and is 30.97 per cent less compared to the crimes committed in the same period last year, Kumar added.

He said 1,019 dowry-related deaths have taken place this year, registering a 6.34 per cent decline compared to the previous year.

As many as 913 incidents of rape have been reported this year so far, a decline of 25.41 per cent compared to the last year, Kumar said.

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News Network
February 18,2020

New Delhi, Feb 18: India emerged as the world's fifth-largest economy by overtaking the UK and France in 2019, says a report.

A US-based think tank World Population Review in its report said that India is developing into an open-market economy from its previous autarkic policies.

"India's economy is the fifth-largest in the world with a GDP of $2.94 trillion, overtaking the UK and France in 2019 to take the fifth spot," it said.

The size of the UK economy is $2.83 trillion and that of France is $2.71 trillion.

The report further said that in purchasing power parity (PPP) terms, India's GDP (PPP) is $10.51 trillion, exceeding that of Japan and Germany. Due to India's high population, India's GDP per capita is $2,170 (for comparison, the US is $62,794).

India's real GDP growth, however, it said is expected to weaken for the third straight year from 7.5 per cent to 5 per cent.

The report observed that India's economic liberalisation began in the early 1990s and included industrial deregulation, reduced control on foreign trade and investment, and privatisation of state-owned enterprises.

"These measures have helped India accelerate economic growth," it said.

India's service sector is the fast-growing sector in the world accounting for 60 per cent of the economy and 28 per of employment, the report said, adding that manufacturing and agriculture are two other significant sectors of the economy.

The US-based World Population Review is an independent organisation without any political affiliations.

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Agencies
March 3,2020

Lucknow, Mar 3: Two days after wife of Kafeel Khan, who is booked under the National Security Act, alleged that her husband faced a threat to life in Mathura jail, where he is lodged for anti-CAA protests, the District Magistrate claimed that Khan was 'fully secure' in the jail.

"Kafeel Khan, who has been booked under the National Security Act (NSA) for alleged inflammatory statements during an anti-CAA protest in Aligarh, is absolutely fine and fully secure in Mathura jail. Allegations of 'inhuman' treatment being meted out to him are baseless," Mathura District Magistrate Sarvagya Ram Mishra said on Monday.

Also Read: Kafeel Khan’s wife fears threat to his life
Senior Superintendent of Mathura district prison, Shailendra Maitrey, said that Khan's condition is being monitored every half an hour and the report is written in the gate book. He said, his ECG is normal and blood pressure was also in control.

He said that Khan was demanding checkup from a cardiologist.

"Since no specialist is available in the government sector here, his request could not be complied with. However, the jail authorities have sent his request to chief medical officer and have asked him to make a specialist available," the jail official said.

He said Khan is in barrack, which is fully ventilated, and he shares it with 50-60 'good behaviour' prisoners.

It may be recalled that in a letter to the Chief Justice of Allahabad High Court, Additional Chief Secretary (Home), and Director General (Jail), Shabista Khan, wife of the jailed doctor, had alleged that her husband was being treated inhumanely in the jail.

She feared that an attempt could be made on her husband's life inside the jail. She had demanded adequate security for him and had urged that her husband should be kept away from active criminals lodged in the jail.

Khan was booked by Aligarh police on December 13 for delivering a provocative speech in Aligarh Muslim University (AMU) during an anti-CAA protest in the campus, a day earlier, and was arrested from Mumbai airport on January 29 by Uttar Pradesh special task force.

The Aligarh police had slapped the stringent National Security Act (NSA) against Khan on February 13 night, hours before he was expected to walk free from the Mathura jail, after he was granted bail by Aligarh's chief judicial magistrate on February 10.

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