In Joseph Shine v. Union of India, the Supreme Court of India has scrutinized the constitutional validity of adultery laws in India. In this case, the petitioner challenged the validity of section 497 of the Indian Penal Code, which criminalized adultery, arguing that it violated the fundamental rights to equality and privacy guaranteed under Articles 14 and 21 of the Constitution, respectively. Supreme Court, in its judgment, struck down section 497 of the IPC as it is unconstitutional. The Court held that the law was arbitrary, discriminatory, and treated women as the property of their husbands. The judgment highlighted the importance of gender equality and individual autonomy in marital relationships, asserting that adultery should not be treated as a criminal offense.
The court has also emphasized the need to update laws to reflect varying societal norms and values. It emphasized that marital infidelity is only a matter between consenting adults and need not be subject to criminal sanctions. The ruling in Joseph Shine v. Union of India marked a important step towards uplifting the rights and dignity of persons within marital relationships and promoting gender equality.
| Citation | AIR 2018 SUPREME COURT 4898, 2019 (3) SCC 39 |
| Name of the Court which decided the case | Supreme Court |
| Bench | Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra |
| Legislations | Indian Penal Code 1860, Constitution of India, Code of Criminal Procedure, |