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september 2018

Supreme Court of India · 2018-09-27

JOSEPH SHINE vs UNION OF INDIA

Citation / case number
SC 2017/32550
Court
Supreme Court of India
Petitioner
JOSEPH SHINE
Respondent
UNION OF INDIA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDU MALHOTRA

Judgment text excerpt

The Supreme Court examined the constitutional validity of Section 497 IPC and Section 198 CrPC, holding that these provisions, which criminalized adultery, were unconstitutional as they violated Articles 14 and 21 of the Constitution. The Court emphasized the need for gender equality and individual dignity, stating that the law should not perpetuate the subordination of women. The judgment established that the legal framework must evolve with societal changes, ensuring that women are treated as equals rather than as subjects of male authority.

JOSEPH SHINE vs UNION OF INDIA · Niyam