Which one of the following cases pertains to the constitutionality of Section 497 IPC?

Option A: Joseph Shine v. Union of India, AIR 2018 SC 4321

Option B: Sakshi v. Union of India, AIR 2004 SC 3566

Option C: Common Cause v. Union of India, AIR 2018 SC 4998

Option D: Social Action Forum for Manav Adhikar v. Union of India, AIR 2018 SC 4135

Correct Answer

Option: a

Explanation

Joseph Shine v. Union of India, Section 497 of the IPC read with Section 198(2) of the Cr.P.C., the was unconstitutional as the very basis for criminalizing adultery was the assumption that a woman is considered as the property of the husband and cannot have relations outside of marriage. The same restrictions, however, did not apply in case of the husband. Section 497 violates right to privacy as well as liberty of women by discriminating against married women and perpetrating gender stereotypes.

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