Joseph Shine v. Union of India

E522751

Joseph Shine v. Union of India is a landmark 2018 Supreme Court of India judgment that decriminalized adultery by striking down Section 497 of the Indian Penal Code as unconstitutional and discriminatory.

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Joseph Shine v. Union of India canonical 1

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Statements (49)

Predicate Object
instanceOf Supreme Court of India judgment
constitutional law case
landmark judgment
benchType Constitution Bench
chiefJusticeOnBench Dipak Misra NERFINISHED
citation (2019) 3 SCC 39
constitutionalProvisionInterpreted Article 14 of the Constitution of India
Article 15 of the Constitution of India NERFINISHED
Article 19(1)(a) of the Constitution of India NERFINISHED
Article 21 of the Constitution of India NERFINISHED
country India
court Supreme Court of India NERFINISHED
dateOfJudgment 2018-09-27
effect decriminalized adultery in India
read down Section 198(2) of the Code of Criminal Procedure, 1973
struck down Section 497 of the Indian Penal Code
held Section 497 of the Indian Penal Code is manifestly arbitrary
Section 497 of the Indian Penal Code is unconstitutional
Section 497 of the Indian Penal Code violates Article 14
Section 497 of the Indian Penal Code violates Article 15
Section 497 of the Indian Penal Code violates Article 21
adultery is a civil wrong and not a criminal offence
judge A. M. Khanwilkar NERFINISHED
D. Y. Chandrachud NERFINISHED
Dipak Misra NERFINISHED
Indu Malhotra NERFINISHED
R. F. Nariman NERFINISHED
jurisdiction India NERFINISHED
legalProvisionChallenged Section 198(2) of the Code of Criminal Procedure, 1973
Section 497 of the Indian Penal Code
numberOfJudges 5
overruledPrecedent Sowmithri Vishnu v. Union of India NERFINISHED
V. Revathi v. Union of India NERFINISHED
petitioner Joseph Shine NERFINISHED
reasoning Section 497 treated women as property of their husbands
Section 497 was based on gender stereotypes
autonomy and dignity of women must be protected
criminal law cannot enforce private moral obligations between consenting adults
relatedAreaOfLaw constitutional rights
criminal law
family law
respondent Union of India NERFINISHED
subjectMatter adultery law
criminalization of adultery
gender equality
personal liberty
right to privacy
typeOfPetition public interest litigation
yearOfDecision 2018

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Dhananjaya Y. Chandrachud notableWork Joseph Shine v. Union of India