Name of the Case : Joseph Shine vs. Union of India
Year of Judgement : 2018
Popular Name : -
Related Topic/ Issue : Decriminalisation of adultery
Related Article/ Schedule : 14, 15 & 21
Supreme Court Judgement:
- Decriminalization of Adultery: The Supreme Court's decision led to the decriminalization of adultery by striking down Section 497 of the Indian Penal Code.
- Constitutional Violation: The court held that Section 497 violated Articles 14, 15, and 21 of the Indian Constitution.
- Procedural Provision Struck Down: Additionally, the court declared Section 198(2) of the Code of Criminal Procedure as unconstitutional insofar as it applied to the offence of adultery.
- Legal Ramifications: This judgement had significant legal ramifications, removing adultery from the realm of criminal law and emphasizing the importance of individual rights and equality before the law.
Impact of the Judgement:
- Overturning Precedents: The judgement overturns previous rulings that upheld Section 497 as constitutionally valid, establishing a new legal interpretation.
- Decriminalization: Adultery is no longer considered a criminal offence punishable by imprisonment for up to 5 years.
- Civil Liability: While no longer a criminal offence, adultery may still hold civil consequences, potentially serving as grounds for divorce.
- Legal Evolution: The ruling reflects a shift towards modernizing legal frameworks and recognizing individual autonomy in matters of personal relationships.
- Social Implications: It prompts societal reflection on changing attitudes towards marriage, fidelity, and the role of the law in regulating personal conduct.
