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Adultery Law Gets Scrapped: Another Progressive Step In India

Misra is stepping down as chief justice next week when he turns 65, the mandatory retirement age for Supreme Court judges. 

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A gardener works on the lawns of the Supreme Court in New Delhi, India, Aug. 22, 2017. India's Chief Justice of the Supreme Court has presided over a string of verdicts in recent weeks that grant more rights to women, gay couples and religious minorities as he prepares to retire from the bench next month. VOA

The chief justice of  Supreme Court of India has presided over a string of recent rulings that grant more rights to women, gay couples and religious minorities, challenging deeply conservative Indian society before he retires next month.

In the latest decision Thursday, Chief Justice Dipak Misra and the rest of the five-member court struck down a 158-year-old law that treated adultery in certain cases as a criminal offense punishable by up to five years in prison.

The court called the law, which did not allow wives to prosecute adulterous husbands, unconstitutional and noted that a “husband is not the master of woman.” Adultery can still be grounds for divorce in India, the verdict said, but a criminal penalty violated women’s protection to equal rights under the law.

Accolades for ruling

The verdict was hailed by activists and left-of-center members of India’s Parliament.

“Excellent decision,” tweeted Sushmita Dev, a lawmaker and president of the opposition Congress party’s women’s wing. She said “a law that does not give women the right to sue her adulterer husband … is unequal treatment and militates against her status as an individual.”

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Participants displays a rainbow flag and cheer as gay rights activists and their supporters march during a gay pride parade in New Delhi, India. VOA

Amnesty International India said the decision was “a progressive judgment” and the old law was a “remnant of a time when a woman was considered to be the property of her husband.”

The scrapped law allowed men to file charges against other men who had affairs with their wives. Women having affairs could not be prosecuted, but they also couldn’t file a complaint against cheating husbands.

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Gay couples, religious minorities

Earlier this month, the Misra-led court also struck down a colonial-era law that made gay sex punishable by up to 10 years in prison. The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was “a breach of the rights of privacy and dignity,” the court ruled. It added that “history owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries.”

On Thursday, the court also decided not to reconsider a 1994 decision that would have delayed proceedings in a case over the ownership of the site of a mosque that Hindu hard-liners demolished in 1992.

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Indian Muslim women talk while walking through a market in Ahmadabad, India. VOA

Fast pace for India

The court’s recent pace of decisions speaks to another feature of Misra’s tenure: expediting cases in a country where they routinely take decades to resolve.

There are 33 million court cases pending in India, government figures show.

Misra is stepping down as chief justice next week when he turns 65, the mandatory retirement age for Supreme Court judges.

Also Read: What Would Be The Outcome of The Judgement on Homosexuality with BJP at The Centre?

He joined India’s highest court in 2011. His 13-month tenure as chief justice has won him accolades from advocates of disadvantaged groups but drawn unprecedented criticism from other members of the bench.

In January, the four most senior justices held a news conference against Misra, who as chief justice controls the court’s roster and decides who will take which cases, listing a litany of problems that they said afflicted the court and risked undermining India’s democracy. Misra met with the dissenting judges, who continued on the bench. (VOA)

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Three Projects Help India to Stop its Share of Water to Pakistan after Pulwama

The waters of the western rivers - the Indus, Jhelum, and Chenab - averaging around 135 MAF, were allocated to Pakistan.

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Picture Courtesy:-www.economylead.com

The government has envisaged three projects to give intent to its decision to stop its share of water from three eastern rivers of the Indus system – the Beas, Ravi and Sutlej – from going to Pakistan.

The decision was affirmed by Water Resource Minister Nitin Gadkari on Thursday in the wake of Pulwama terror attack though the Union cabinet had approved implementation of one of the key projects – Shahpurkandi dam – in December last year.

The waters of the western rivers – the Indus, Jhelum, and Chenab – averaging around 135 MAF, were allocated to Pakistan except for “specified domestic, non-consumptive and agricultural use permitted to India”, according to a treaty.

India has also been given the right to generate hydroelectricity through run-of-the-river (RoR) projects on the western rivers which, subject to specific criteria for design and operation, is unrestricted.

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However, about 2 MAF of water annually from Ravi is reported to be still flowing unutilised to Pakistan. VOA

To utilise the waters of the Eastern rivers, India has constructed the Bhakra Dam on Satluj, Pong and Pandoh Dam on Beas and Thein (Ranjitsagar) on Ravi. These storage works, together with other works like Beas-Sutlej Link, Madhopur-Beas Link and Indira Gandhi Nahar Project have helped India utilise nearly the entire share (95 per cent) of the eastern river waters.

However, about 2 MAF of water annually from Ravi is reported to be still flowing unutilised to Pakistan. The other two projects are Ujh multipurpose project and the second Ravi Beas link below Ujh.

Here’s the reality check of the three projects:

Shahpurkandi Project: It aims to utilise the waters coming from powerhouse of Thein dam in order to irrigate 37,000 hectares of land in Jammu and Kashmir and Punjab by generating 206 MW of power.

The project was scheduled to be completed by September 2016. However, following a dispute between the two states, work was suspended in August 2014 but they reached an agreement last September and the construction work has now resumed with the Centre monitoring its progress. The central government had in December last year announced assistance of Rs 485 crore for the project and it would be completed by June 2022.

 

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The decision was affirmed by Water Resource Minister Nitin Gadkari on Thursday in the wake of Pulwama terror attack. VOA

The project will create irrigation potential of 5,000 hectare in Punjab and 32,173 hectare in Jammu and Kashmir.

Officials said that some water of the Ravi is going waste through the Madhopur Headworks downstream to Pakistan and it is required in Punjab and Jammu and Kashmir.

The total balance cost of pending work in ShahpurKandi Dam project is estimated Rs 1,973.53 crore (irrigation component: Rs 564.63 crore, power component Rs1408.90 crore).

The Shahpurkandi Project was initially approved by the Planning Commission in November, 2001. Revised costs were approved, but there was delay in its execution both because of lack of funds with Punjab and inter-state issues with Jammu and Kashmir.

An agreement was finally reached between the two states under the aegis of Water Resources Ministry in September last year.

Ujh multipurpose project: Construction of the Ujh multipurpose project will create a storage of about 781 million cubic metres of water on Ujh, a tributary of Ravi, for irrigation and power generation and provide a total irrigation benefits of 31,380 hectares in Kathua, Hiranagar and Samba districts of Jammu and Kashmir.

The total estimated cost of the project is Rs 5,850 crore and the Central assistance of Rs 4,892.47 crore on works portion of irrigation component as well as the special grant is under consideration. The project is yet to be implemented and it will take about six years for completion.

Second Ravi Beas link below Ujh: The project has been planned to tap excess water flowing down to Pakistan through Ravi by constructing a barrage across it for diverting water through a tunnel link to the Beas basin.

The project is expected to utilise about 0.58 MAF of surplus waters below Ujh dam by diverting the same to the Beas basin.

 

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Officials said that some water of the Ravi is going waste through the Madhopur Headworks downstream to Pakistan and it is required in Punjab and Jammu and Kashmir. Wikimedia

The water distribution treaty between India and Pakistan was brokered by the World Bank in 1960 to use the water available in the Indus system of rivers originating in India.

 

ALSO READ: IOC Cancels Places for 2020 Tokyo Games from India after it Refused Visas to Pakistan

The Indus system comprises Indus, Jhelum, Chenab, Ravi, Beas and Sutlej rivers. The basin is mainly shared by India and Pakistan with a small share for China and Afghanistan.

Under the treaty signed between India and Pakistan in 1960, all the waters of the three eastern rivers, averaging around 33 million acre feet (MAF), were allocated to India for exclusive use.  (IANS)