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Supreme Court of India 2017-12-08 other

Joseph Shine vs Union of India

Bench: 3 — Dipak Misra

In Brief

Joseph Shine filed a constitutional petition challenging Section 497 of the Indian Penal Code and Section 198(2) of the Criminal Procedure Code, which make only men criminally liable for adultery while exempting wives from punishment and restrict prosecution rights to the husband. The Supreme Court found prima facie that the law lacks the gender neutrality ordinarily required of criminal law and subordinates women's independent identity by making their legal status dependent on spousal consent. The Court held the archaic provision contradicts the constitutional principle of equality and modern social understanding, observing that women must be recognized as equal to men in all fields. The Court issued notice for full hearing.

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Constitutional Law Criminal Law Gender Equality Adultery Indian Penal Code

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