Joseph Shine Case (2018)
– Decriminalisation of Adultery
Background of the Case
Section 497 of the Indian Penal Code (IPC) criminalised adultery, but in a deeply unequal manner:
- Only a man could be punished
- The consent of the husband of the woman determined criminality
- A married woman was treated as:
- The property of her husband
- Neither offender nor complainant
Joseph Shine challenged this provision as being → Discriminatory, Archaic, Incompatible with constitutional values
Core Constitutional Questions
- Does criminalising adultery violate equality and dignity?
- Can the State intrude into private consensual relationships?
- Are patriarchal moral codes compatible with the Constitution?
Supreme Court’s Judgement
A five-judge Constitution Bench delivered a unanimous verdict.
(a) Section 497 IPC Struck Down
The Court held that:
- Section 497 IPC is unconstitutional
- It violates:
- Article 14 – Equality before law
- Article 15 – Non-discrimination on grounds of sex
- Article 21 – Dignity, privacy, and personal autonomy
(b) Gender Discrimination Recognised
The Court observed that:
- The law:
- Treated women as passive victims
- Denied them agency and choice
- It reinforced patriarchal notions of marriage
Thus, a law that infantilises women violates constitutional equality.
(c) Privacy and Autonomy in Intimate Relations
Building on Puttaswamy (2017), the Court held that:
- Consensual sexual relations between adults → Fall within the private domain
- Criminal law → Cannot regulate private morality
(d) Section 198(2) CrPC Also Struck Down
The Court ruled that:
- Section 198(2) of CrPC → Which restricted who could file complaints → Becomes unconstitutional to the extent it applies to adultery
As When the substantive offence goes, the procedural provision must also go.
Constitutional Significance
This judgment:
- Completed the transition from:
- Victorian morality → Constitutional morality
- Affirmed:
- Individual choice
- Sexual autonomy
- Strengthened:
- Gender equality
- Substantive equality under Article 14
Impact of the Judgement
- Adultery is no longer a criminal offence
- No punishment of imprisonment
- However:
- Adultery remains a civil wrong
- It continues to be a ground for divorce
Place in Rights Jurisprudence
| Case | Contribution |
|---|---|
| Shayara Bano (2017) | Gender justice |
| Puttaswamy (2017) | Privacy |
| Joseph Shine (2018) | Sexual autonomy |
Summary
The Joseph Shine Case (2018) decriminalised adultery by striking down Section 497 IPC as violative of Articles 14, 15, and 21, recognising privacy, dignity, and gender equality, while retaining adultery as a civil wrong.