In Brief
Joseph Shine challenged the constitutional validity of Section 497 of the Indian Penal Code, which defines adultery as a criminal offence committed only by a man who has sexual intercourse with another man's wife without his consent. The provision exempts the wife from liability. The petitioner argued this violates Articles 14 and 15 (equality and non-discrimination) of the Constitution. The Court, finding the provision prima facie archaic and at odds with modern gender equality principles, did not decide the constitutional validity on merits but referred the matter to a Constitution Bench for full reconsideration in light of contemporary social progress and constitutional values.
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