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Joseph Shine v. Union of India (2018) – Adultery Law Declared Unconstitutional

The Joseph Shine case challenged the constitutionality of Section 497 of the Indian Penal Code, a colonial-era adultery law.

Under this law:

  • Only a man could be punished for adultery.

  • A woman involved in adultery was not seen as an offender, but as a passive victim.

  • Only the husband of the woman could file a complaint—not the wife.

The law denied women equal rights, and treated them as the property of their husbands, not as individuals with agency.

What Was Challenged in Court?

The petition argued that Section 497 violated:

  • Article 14 – Right to Equality

  • Article 15 – Protection from Gender Discrimination

  • Article 21 – Right to Life, Privacy, and Dignity

Supreme Court’s Verdict – September 2018

A 5-judge Constitution Bench (CJI Dipak Misra, Justices Nariman, Khanwilkar, Chandrachud, Indu Malhotra) unanimously struck down Section 497 IPC.

Key Supreme Court Rulings:

  1. Adultery Law Was Gender-Biased

    • It discriminated against men and infantilized women, treating them as if they lacked autonomy.

    • Violated Articles 14 and 15 of the Constitution.

  2. Right to Privacy and Sexual Autonomy

    • Citing the Puttaswamy judgment (2017), the Court held that private choices in relationships cannot be criminalized.

    • The state has no role in consensual affairs between adults.

  3. Adultery is Not a Criminal Offense

    • It may be immoral or a civil ground for divorce, but it cannot be treated as a crime.

  4. Outdated Morality Cannot Justify Criminal Laws

    • The law was based on Victorian patriarchal values, not modern constitutional principles.

Note on Civil Consequences

Although Section 497 was struck down, adultery still remains a valid ground for divorce under personal laws like the Hindu Marriage Act.

Significance of the Joseph Shine Judgment

  1. Landmark judgment on gender justice in India

  2. Struck down a 158-year-old colonial law that violated women’s rights

  3. Affirmed sexual autonomy and privacy as part of individual dignity

  4. Brought Indian law in line with modern constitutional values of equality, liberty, and personal freedom

Case Citation:

Joseph Shine v. Union of India, (2019) 3 SCC 39


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