Top News
SC starts hearing plea against ‘discriminatory’ action in adultery cases
New Delhi, Aug 1 (IANS) The Supreme Court on Wednesday commenced hearing on a plea that challenged the constitutional validity of a legal provision on the prosecution of a man involved in an adulterous relationship with a married woman but lets her go scot-free.
At the outset of the hearing by a five-Judge Constitution Bench comprising Chief Justice Dipak Misra, Justice Rohinton Fali Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra, the question arose as to whether the matter should be referred to a seven-Judge bench since the issue was considered by a five-Judge Constitution Bench in 1954.
It was contended that since the issue had already been considered by the five-Judge Constitution Bench, it can’t be reconsidered by another bench of the similar strength.
However, petitioner Joseph Shine’s counsel Kaleeswaram Raj said that the matter could be heard by the five-Judge bench since the issue before the bench in 1954 was different, involving abetment whereas the present petition had challenged the validity of Section 497 of the Indian Penal Code on the ground that it was discriminatory.
This stand was supported by senior counsel Meenakshi Arora, appearing for one of the respondents.
The top court, by its 1954 and then 1985 orders by benches of four Judges and three Judges respectively, had upheld the validity of the IPC Section.
The apex court held that these judgments needed to reconsidered and by its January 5 order referred the matter to the five-Judge Constitution Bench. It said that when there is societal progress and gender equality and gender sensitivity comes into play, there has to be a different kind of focus on the affirmative rights conferred on women.
The Centre has opposed the plea, contending in its affidavit dated July 11 that decriminalising adultery by striking down Section 497 of the IPC, which penalises only men found engaging in adultery.
“The provisions of law under challenge have been specifically created by the legislature in its wisdom to protect and safeguard the sanctity of marriage, keeping in mind the unique structure and culture of the Indian society.”
The Centre asserted that Section 497 “supports safeguards and protects the institution of marriage”.
“It is submitted that striking down Section 497 of the IPC and Section 198(2) the Code of Criminal Procedure will prove to be detrimental to the intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage,” the affidavit said.
Petitioner Joseph Shine — an expatriate living in Italy — contended that Section 497 was “unconstitutional” since it discriminates against men, adding that “when sexual intercourse takes place with the consent of both the parties, there is no good reason for excluding one party from the liability”.
The petitioner also challenged Section 198 of the CrPC that allows the aggrieved husband of the married woman involved in an adulterous relation to file a complaint and not the aggrieved wife of the man in such relationship.
Shine said these Sections were violative of the Indian Constitution’s Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (Protection of life and personal liberty).
–IANS
pk/tsb/vm
Top News
Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.
Foodman Vishal Singh Honored for Hunger Free World Mission in Bangkok
Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
Cheers and Cheers: Barzilla’s Joyful Ode to Inclusivity and Celebration
Casino Days Reveal Internal Data on Most Popular Smartphones
Meghalaya Reserves Legalized Gambling and Sports Betting for Tourists
IPL 20202 UPDATE: KXIP vs MI IPL Dream11 Team Prediction for Today Match, Update Point Table of all Team.
In a Live debate AAP leader Syed Asad Abbas hurls abuses to BJP spokesperson Nupur Sharma.
‘India’s Most Wanted’ trailer out Arjun Kapoor on hunt of Osama-Bin-Laden
Time to move on: Sonakshi on Shatrughan’s joining Congress
