Joseph Shine v. Union of India (2018)
⚖️ Landmark Case: Joseph Shine v. Union of India (2018) 📝 Summary:This case decriminalized adultery in India by striking down Section 497 IPC, ruling it discriminatory and outdated. 📚 Background Section 497 IPC treated adultery as a crime committed by a man against another man (the husband), where the woman was not punishable at all. It reflected patriarchal assumptions about ownership of women. Joseph Shine, an Indian living abroad, filed a PIL challenging the law as unjust, sexist, and unconstitutional. 🧑⚖️ Supreme Court Verdict In a unanimous 5-judge bench, the Court struck down Section 497. Violation of Article 14, 15, and 21The law treated women as property and violated their dignity, equality, and autonomy. Private morality ≠ Criminal offenseAdultery may be grounds for divorce, but not a crime punishable by jail. Equal treatment for both gendersThe law was biased—it only punished men and assumed women had no agency. 🧠 Significance Decriminalized adultery while maintaining it as a civil ground for divorce. Affirmed gender equality and personal liberty. Modernized criminal law to reflect individual rights over patriarchal norms. 🧩 Conclusion The Joseph Shine case was a milestone for gender justice and personal freedom. It reminded the nation that laws must evolve with time, especially when they clash with the constitutional values of dignity and equality.