In Brief
Joseph Shine challenged the constitutional validity of Section 497 of the Indian Penal Code (which criminalizes adultery for men only) and Section 198(2) of the Criminal Procedure Code (restricting prosecution to the husband). While earlier benches had upheld the provision, a three-judge bench found it prima facie archaic and contrary to gender equality principles. The bench noted concerns about how the law treats women as perpetual victims subordinated to their husbands' consent, conflicting with constitutional equal status. The Court declined to decide the matter and referred it to a Constitution Bench for reconsideration in light of societal progress and modern gender equality standards.
The lawyer headnote and full judgment text are available to registered users.