Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Thursday, 29 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-12-08 disposed

Joseph Shine vs Union of India

Bench: 3 — Dipak Misra

In Brief

Joseph Shine challenged the constitutional validity of Section 497 of the Indian Penal Code, which makes only men criminally liable for adultery while exempting wives from punishment. The Supreme Court found the provision problematic prima facie, noting it violates principles of gender neutrality by treating women as perpetual victims and subordinating their individual identity to spousal consent. The Court observed that modern society recognizes women as equal to men, making the archaic provision questionable. Notice was issued for fuller consideration of the constitutional challenge.

The lawyer headnote and full judgment text are available to registered users.

Criminal Law Constitutional Law Gender Equality Adultery Discrimination Women's Rights

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login