Joseph Shine V. Union of India, WP (Crl.) No. – 194/2017

Joseph Shine V. Union of India

(2019) 3 SCC 39, AIR 2018 SC 4898

Decriminalization of Adultery- decided on 27.09.2018)

The Supreme Court of India decriminalized adultery in a landmark judgment aimed at upholding the right to equality and freedom, scrapping a law first brought in under British colonial rule in 1860. In a unanimous judgment, the five-member bench of the top court struck down a law that meant a man who had sex with a married woman without getting her husband’s permission could be charged and face up to five years in jail if convicted.

“The right to privacy depends on the exercise of autonomy and agency by individuals. In situations where citizens are disabled from exercising these essential attributes, Courts must step in to ensure that dignity is realized in the fullest sense. Familial structures cannot be regarded as private spaces where constitutional rights are violated. To grant immunity in situations when the rights of individuals are under siege, is to obstruct the unfolding vision of the Constitution.”

This case is most famous as an “adultery decriminalization case” or “Joseph Shine adultery case”.

Case Brief:

The constitutionality of Section 497 of the Indian Penal Code, 1860 (IPC), which dealt with the criminal offence of adultery, and Section 198(2) of the Code of Criminal Procedure, 1973 (CrPC), which stated that only the husband of a person accused of adultery would be considered to be harmed by the commission of an offence under Section 497, was challenged in 2017 by Joseph Shine, an Indian citizen living in Italy.

Section 497 of The Indian Penal Code, 1860:

Section 497 of the IPC criminalized adultery: it imposed culpability on a man who engages in sexual intercourse with another man’s wife.  Adultery was punishable by a maximum prison sentence of five years. Women, though, were exempt from prosecution. Section 497 of the IPC was inapplicable when a married man engaged in sexual intercourse with an unmarried woman.

Because it contravened Articles 14, 15, and 21 of the Constitution, the Supreme Court invalidated Section 497 of the IPC. The five-judge bench ruled unanimously in four concurring judgments that the statute violated a woman’s liberty, dignity, and privacy and was outdated, arbitrary, and condescending. The CrPC’s Section 198(2), which restricted who could file charges under Section 497 of the IPC to a husband, was also declared invalid. The court’s earlier rulings upholding the constitutionality of Section 497 in Yusuf Abdul Aziz v. State of Bombay (1954 SCR 930), Sowmithri Vishnu v. Union of India (1985 Supp SCC 137), and Vishnu Revathi v. Union of India (1988) 2 SCC 72 were overruled by this one.

In order to support the necessity to safeguard sexual autonomy and the privacy of the married domain, the various judgments analyzed the advancements in the right to privacy in some depth and cited K.S. Puttaswamy v. Union of India ((2017) 10 SCC 1). While the failure of spouses to be faithful to one another may have severe consequences, the Court decided that it would be up to the parties to decide how to proceed, whether by filing for divorce or in another way, and that imposing criminal punishments would be pointless.

Go for legal updates at www.juscuriam.com

Leave a Reply

Your email address will not be published. Required fields are marked *

Sample Mock Tests for Practice

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 06 Q. NO. 176 TO 210)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 03 Q. NO. 81 TO 120)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 09 Q. NO. 281 TO 315)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

UTTARAKHAND LOWER JUDICIAL SERVICES 2019

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 01 Q. NO. 1 TO 30)

DELHI LOWER JUDICIARY 2010

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 01 Q. NO. 1 TO 25)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 03 Q. NO. 71 TO 105)

AILET – National Law University Delhi Entrance Test (NLU 2021)

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

DELHI LOWER JUDICIAL SERVICES 2018-2

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

THE ADVOCATES ACT, 1961 (PAPER 01 Q. NO. 1 TO 10)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 17 Q. NO. 641 TO 680)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 04 Q. NO. 91 TO 116)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 01 Q. NO. 1 TO 35)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 14 Q. NO. 456 TO 490)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE TRADE MARKS ACT, 1999 (PAPER 01 Q. NO. 1 TO 8)