Summary of Recent judgment

Case: Joseph Shine v Union of India



Date of Order / Judgment: 21 September, 2024

The Matter Heard by Bench: Chief Justice Dipak Misra, Justice Rohinton Fali Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud, Justice Indu Malhotra

Background

Joseph Shine, a non-resident Keralite, filed a public interest litigation under Article 32 of the Constitution challenging the constitutionality of adultery as defined under Section 497 of the Indian Penal Code (IPC) and its corresponding provisions in Section 198(2) of the Criminal Procedure Code (CrPC). Section 497 IPC criminalized adultery by imposing culpability on a man who engages in sexual intercourse with another man's wife, punishable with up to five years of imprisonment. Importantly, women were exempt from prosecution, and the section did not apply when a married man had relations with an unmarried woman. Section 198(2) CrPC stipulated that only the husband could file a complaint for adultery.

Issues
  • 1. Whether Section 497 of the Indian Penal Code, which criminalizes adultery, is unconstitutional and violative of Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.
  • 2. Whether the provision fosters gender discrimination by treating women as subordinate to men in matters of personal relationships.
Observation

The Supreme Court noted that the provision was rooted in patriarchal norms and failed to recognize the agency and autonomy of women. The Court emphasized that marriage is a partnership of equals, and criminalizing adultery disproportionately affected women. The bench also highlighted that the provision grants relief to the wife by portraying her as a victim, while only the man faces criminal liability. This disparity contradicted the principle of gender neutrality that criminal law typically upholds. The judges ultimately noted that the law was inconsistent with contemporary values and the evolving understanding of personal relationships and privacy.

Decision

The Supreme Court struck down Section 497 as unconstitutional, effectively decriminalizing adultery in India. The Court asserted that personal relationships should not be regulated by criminal law and affirmed the principles of individual autonomy and equality. However adultery continues to be a ground for divorce under the civil law.