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    Jugement LE

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    Vikash Kumar
    The document summarizes a Supreme Court of India case that decriminalized adultery. Joseph Shine filed a public interest litigation challenging the constitutionality of Section 497 of the Indian Penal Code, which criminalized adultery. A five-judge bench unanimously struck down Section 497, finding the provision granted relief to wives but not husbands and violated principles of gender neutrality. The court's decision decriminalized adultery and was seen as a progressive step towards a more gender-neutral and inclusive society.

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    Jugement LE

    Uploaded by

    Vikash Kumar
    31 views9 pages
    The document summarizes a Supreme Court of India case that decriminalized adultery. Joseph Shine filed a public interest litigation challenging the constitutionality of Section 497 of the Indian Penal Code, which criminalized adultery. A five-judge bench unanimously struck down Section 497, finding the provision granted relief to wives but not husbands and violated principles of gender neutrality. The court's decision decriminalized adultery and was seen as a progressive step towards a more gender-neutral and inclusive society.

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    The document summarizes a Supreme Court of India case that decriminalized adultery. Joseph Shine filed a public interest litigation challenging the constitutionality of Section 497 of the Indian Penal Code, which criminalized adultery. A five-judge bench unanimously struck down Section 497, finding the provision granted relief to wives but not husbands and violated principles of gender neutrality. The court's decision decriminalized adultery and was seen as a progressive step towards a more gender-neutral and inclusive society.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views9 pages

    Jugement LE

    Uploaded by

    Vikash Kumar
    The document summarizes a Supreme Court of India case that decriminalized adultery. Joseph Shine filed a public interest litigation challenging the constitutionality of Section 497 of the Indian Penal Code, which criminalized adultery. A five-judge bench unanimously struck down Section 497, finding the provision granted relief to wives but not husbands and violated principles of gender neutrality. The court's decision decriminalized adultery and was seen as a progressive step towards a more gender-neutral and inclusive society.

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    By – Vikash Kumar

    BA-LLB 1 st Sem.
     Introduction
     Facts
     Fact File/Issue
     Judgement
     Significance
     My Views
     Reference/Source
     Suit filed as – Joseph Shine vs. Union of India (2018)
     Petitioner- Joseph Shine
     Deciding Authority/Court- Hon’ble Supreme Court of
    India
     Sitting Bench- Justice Dipak Mishra(then, CJI),Indu
    Malhotra,D.Y. Chandrachud, AM Khanwilkar and
    Rohinton Fali Nariman
     Nature of Decision- Unanimous
     Date of Verdict- 27th September 2018
     Joseph Shine, a non-resident Keralite, filed public
    interest litigation under Article 32 of the Constitution.
    The petition challenged the constitutionality of the
    offence of adultery under Section 497 of the IPC read
    with Section 198(2) of the Criminal Procedure Code,
    1973.
     This case was first heard before a three-judge bench
    headed by the then Chief Justice Dipak Misra.
     What was Section 497 of IPC:-
     Section 497 IPC criminalised adultery: it
    imposed culpability on a man who engages in sexual
    intercourse with another man’s wife. Adultery
    was punishable with a maximum imprisonment of five
    years. Women though were exempted from prosecution.
    Section 497 IPC was inapplicable when a married man
    engaged in sexual intercourse with an unmarried woman.
     Section 198(2)of CrPC specified how a complainant may file
    charges for offences committed under Sections 497 and
    498 IPC. Section 198(2) CrPC specified that only the
    husband may file a complaint for the offence of adultery.
     The Court reviewed the correctness of the precedents - Yusuf Abdul
    Aziz, Sowmithri Vishnu and V. Revathi - which had in the past
    upheld Section 497 as constitutionally valid.
     The three-judge bench referred the matter to a five-
    judge Constitution Bench and noted: 'Prima facie, on a perusal of
    Section 497 of IPC, we find that it grants relief to the wife by treating
    her as a victim. It is also worthy to note that when an offence is
    committed by both of them, one is liable for the criminal offence, but
    the other is absolved. ..Ordinarily, the criminal law proceeds on
    gender neutrality, but in this provision, as we perceive, the said
    concept is absent.‘
     The five-judge Bench started hearing the matter from 1st August 2018
    onwards. On 27th September 2018, the Bench delivered its
    judgement, decriminalising adultery.
    o The Court decriminalised adultery, striking down
    Section 497 of the Indian Penal Code, 1860 (IPC).
    o On 11 July the Centre filed an affidavit, arguing that
    diluting adultery in any form will impact the 'sanctity
    of marriage'.
    o Note – The court gave Indian Armed Forces exemption
    from enforcing this judgement on their Working and
    on-service Personnel. Later, all 3 Service Chiefs made
    the announcement that Adultery will remain a penal
    offence in Armed Forces.(due to the power and
    autonomy which all 3 defence forces enjoy through
    Army Act 1950)
     I am of the view that this verdict shows changing
    nature of our society.
     It is a progressive step.
     It sets aside the conservative thinking and mindset of
    our society and nation as a whole.
     It is also a landmark judgement which will in future
    promote and provide impetus for the Gender Neutral
    and Gender Inclusive society of ours.
     The Hindu
     The Supreme Court Observer.com

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