JOSEPH SHINE versus UNION OF INDIA

JOSEPH SHINE versus UNION OF INDIA

Section 497 IPC and Section 198 Cr.P.C., being violative of Articles 14 (equality), 15 (non-discrimination), and 21 (personal liberty and dignity) of the Constitution, are unconstitutional and must be struck down. Section 497 is arbitrary, discriminatory, based on gender stereotypes, and invades privacy; criminalization of adultery does not serve a legitimate public interest.

Parties
Petitioner: Joseph Shine; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 September 2018
Procedural Posture
Writ Petition (criminal) No. 194 of 2017 / Final Judgment
Outcome
Writ Petition allowed. Section 497 IPC is struck down as unconstitutional. Section 198(2) Cr.P.C. unconstitutional to extent it applies to offence of adultery under Section 497.
Legal Topics
Adultery, Equality Before Law, Right to Privacy, Gender Discrimination, Personal Liberty, Protective Discrimination
Constitutional Law Criminal Law Gender Equality Adultery Equality Before Law Right to Privacy Gender Discrimination Personal Liberty +1 more

Case Brief

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Parties

Joseph Shine

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (criminal) No. 194 of 2017 / Final Judgment

Legal Issues

  1. 1 Whether Section 497 of Indian Penal Code is unconstitutional for violating Articles 14, 15 and 21 of the Constitution
  2. 2 Whether Section 198 of Cr.P.C. is unconstitutional to the extent it applies to offence of adultery under Section 497 IPC

Ratio Decidendi

Section 497 IPC and Section 198 Cr.P.C., being violative of Articles 14 (equality), 15 (non-discrimination), and 21 (personal liberty and dignity) of the Constitution, are unconstitutional and must be struck down. Section 497 is arbitrary, discriminatory, based on gender stereotypes, and invades privacy; criminalization of adultery does not serve a legitimate public interest.

Court Disposition

Writ Petition allowed. Section 497 IPC is struck down as unconstitutional. Section 198(2) Cr.P.C. unconstitutional to extent it applies to offence of adultery under Section 497.

Orders

  • Section 497 IPC struck down as unconstitutional.
  • Section 198(2) Cr.P.C. unconstitutional only to the extent applicable to adultery under Section 497.