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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Label Occurrences
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 ⓘ
citation (2019) 3 SCC 39 ⓘ
constitutionalProvisionInterpreted Article 14 of the Constitution of India ⓘ
Article 15 of the Constitution of India ⓘ
Article 19(1)(a) of the Constitution of India ⓘ
Article 21 of the Constitution of India ⓘ
country India ⓘ
court Supreme Court of India ⓘ
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 ⓘ
D. Y. Chandrachud ⓘ
Dipak Misra ⓘ
Indu Malhotra ⓘ
R. F. Nariman ⓘ
jurisdiction India ⓘ
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 ⓘ
V. Revathi v. Union of India ⓘ
petitioner Joseph Shine ⓘ
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 ⓘ
subjectMatter adultery law ⓘ
criminalization of adultery ⓘ
gender equality ⓘ
personal liberty ⓘ
right to privacy ⓘ
typeOfPetition public interest litigation ⓘ
yearOfDecision 2018 ⓘ

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

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