About the Supreme Court of India
The Supreme Court of India is the highest judicial authority in the country, responsible for interpreting the Constitution and ensuring justice. In Joseph Shine v. Union of India, the Court delivered a landmark judgment striking down Section 497 of the Indian Penal Code (IPC), which criminalized adultery.
About the Case
The case challenged the constitutional validity of Section 497 IPC, which treated adultery as a criminal offense but only punished men, leaving women exempt from any liability. The petitioner, Joseph Shine, argued that the law was discriminatory and violated fundamental rights, particularly Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.
Judgment Date & Citation
| Judgment Date | Case Citation |
|---|---|
| 27 September 2018 | (2018) 2 SCC 189 |
Key Issues & Court’s Findings
- Gender Discrimination: The Court ruled that Section 497 IPC was arbitrary and violated Article 14 as it treated women as passive individuals who had no agency in an adulterous relationship.
- Right to Privacy & Personal Liberty: It held that criminalizing adultery infringed upon the autonomy of individuals and the right to make personal choices in relationships.
- Marriage as a Private Matter: The Court emphasized that while adultery could be grounds for divorce, it could not be a criminal offense as it interfered with the right to privacy.
- Patriarchal Notion of Women as Property: The judgment highlighted that the law viewed women as the property of their husbands, which was unconstitutional and outdated.
Impact & Significance
- The ruling decriminalized adultery in India, marking a major step toward gender equality and personal liberty.
- It reinforced the idea that morality and personal choices should not be subject to criminal law unless they cause direct harm to society.
- The decision aligned Indian jurisprudence with international human rights standards on personal autonomy and equality.
Additional Details
The Supreme Court unanimously struck down Section 497 IPC and related provisions in the Code of Criminal Procedure (CrPC). The judgment was delivered by a five-judge Constitution Bench led by then Chief Justice Dipak Misra, with Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, and Indu Malhotra concurring.
Links & References
- Full Judgment Text: Official Supreme Court Website
- Analysis & Case Commentary: Legal Resources
- Related Judgments: Navtej Singh Johar v. Union of India (2018), Shayara Bano v. Union of India (2017)
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