Musings From Abroad

Adultery no longer a crime in India

Published

5 years ago

October 2, 2018

Adultery is no longer a crime, India’s Supreme Court has ruled. In doing so, it declared a colonial-era law that punished the offence with jail time unconstitutional and discriminatory against women.

The more than century-old law prescribed that any man who slept with a married woman without her husband’s permission had committed adultery, a crime carrying a five-year prison term.

A petitioner had challenged the court to strike down the law, describing it as arbitrary and discriminatory against women.

“Thinking of adultery from a point of view of criminality is a retrograde step,” unanimously declared the five-judge bench of the Supreme Court.
Women could not file a complaint under the archaic law nor be held liable for adultery themselves, making it solely the realm of men.

The court said it deprived women of dignity and individual choice and “gives license to the husband to use women as a chattel”.

“It disregards the sexual autonomy which every woman possesses and denies agency to a woman in a matrimonial tie,” said Supreme Court Justice D. Y. Chandrachud.

“She is subjugated to the will of her spouse.”

It was the second time this month the court overturned Victorian-era laws governing the sexual choices of India’s 1.25 billion citizens.

Earlier this month, the court struck a ban on gay sex introduced by British rulers in 1861.

The bench argued that Section 377 had become “a weapon for harassment” of homosexuals and “history owes an apology to the members of this community and their families”.

On adultery, government lawyers argued it should remain a crime as it threatens the institution of marriage, and caused harm to children and families.
But in its ruling, the court said extramarital affairs — while still a valid ground for divorce — were a private matter between adults.

In 1954, the court upheld adultery as a crime arguing “it is commonly accepted that it is the man who is the seducer, and not the woman”.

But in their ruling on Thursday, the judges said this narrative no longer applied, noting also that Britain did away with its own laws penalising adultery long ago.

“Man being the seducer and women being the victim no longer exits. Equality is the governing principle of a system. Husband is not the master of the wife,” the verdict added.

Related Topics:adultery India Slam Reports Supreme Court of India

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Musings From Abroad

WHO ‘very worried’ over spread of Mpox varieties in Congo DR

Published

2 days ago

December 8, 2023

Ifeoluwa Dada

A senior official of the World Health Organization (WHO), Rosamund Lewis, has said that the body is “very worried” about the spread of a variety of Mpox that has killed nearly 600 people in the Democratic Republic of Congo this year.

This year alone, Congo DR has reported 13,000 cases, which is more than twice as many as during the last peak in 2020, with the disease occurring in almost every province. The WHO is working with the authorities on the response and a risk assessment.

The dangerous clade mpox outbreak was the subject of a warning released by the U.S. Centre for Disease Control and Prevention (CDC) on Thursday.

“The virus variant is known to be more virulent. If it adapts better to human-to-human transmission, that presents a risk,” Lewis, WHO’s mpox lead, told journalists.

WHO in May announced that the disease was no longer a global health emergency after which its director-general, Tedros Adhanom Ghebreyesus, declared the end of the emergency status for the disease.

Most reported cases of the disease were identified through sexual health or other health services in primary or secondary healthcare facilities, and involved mainly, but not exclusively, men who have sex with men.

A less severe form known as clade II started to spread around the world last year, mostly through male-to-male sexual contact, prompting WHO to declare a public health emergency.

Lewis expressed concern over new evidence suggesting that clade I can also spread through sexual contact. According to her, mumps can also infect humans through contaminated animals or family members living together in a home. Children and those with weakened immune systems are particularly vulnerable; in up to 10% of cases of clade I, illness results in death.

“We have very little information of who is dying of mpox [in DRC] other than age,” said Lewis, adding more data was needed.

The viral infection known as mpox spreads by intimate contact and results in lesions filled with pus and flu-like symptoms. Although most cases are mild and can be fatal.

Musings From Abroad

Sudan Conflict: US insists all warring parties guilty of war crimes

Published

3 days ago

December 7, 2023

Ifeoluwa Dada

The US Secretary of State, Antony Blinken, has maintained that neither party in the ongoing conflict in Sudan can be exonerated from war crimes.

The position was made known on Wednesday as the US continues pressure on the army and paramilitary Rapid Support Forces (RSF) to end fighting that has caused a humanitarian crisis. The US also insisted that the RSF and allied militias committed crimes against humanity and ethnic cleansing.

“The expansion of the needless conflict between the RSF and the SAF has caused grievous human suffering,” Blinken said, referring to the Sudanese Armed Forces (SAF). In West Darfur, the RSF has also been charged with spearheading an ethnic massacre; in the capital city of Khartoum, locals have accused the paramilitary group of raping, stealing, and detaining civilians.

“Masalit civilians have been hunted down and left for dead in the streets, their homes set on fire, and told that there is no place in Sudan for them,” Blinken said. The Masalit are a non-Arab tribe.

“Detainees have been abused, and some have been killed at SAF and RSF detention sites,” Blinken added.

A war broke out in mid-April between the army and the paramilitary Rapid Support Forces (RSF) over plans for a political transition and the integration of the RSF into the military, four years after longtime ruler, Omar al-Bashir, was overthrown in an uprising.

Blinken, however, maintained that the position did not rule out the possibility of other determinations in the future as more information became available.

“The United States is committed to building on this determination and using available tools to end this conflict and cease committing the atrocities and other abuses that are depriving the Sudanese people of freedom, peace, and justice,” Blinken said.

Over 6 million people have fled their homes as a result of the conflict, and about 1.2 million of them have entered neighbouring countries, severely straining the resources of Sudan and its neighbours.