The Joseph Shine vs Union of India case was a game-changer, with the Supreme Court of India making a landmark ruling in 2018 that decriminalized adultery. Before this, Section 497 of the Indian Penal Code (IPC) made adultery a criminal offense, but only held men accountable for cheating with a married woman—while the woman wasn’t considered an offender at all. Yeah, pretty outdated, right?
Here’s What Went Down:
- The Petition: Joseph Shine, an NRI, took on the government, arguing that Section 497 was blatantly discriminatory. He pointed out that it unfairly treated men as the sole culprits, leaving women out of the equation entirely.
- The Verdict: The Supreme Court ruled that Section 497 violated fundamental rights like equality, privacy, and personal freedom. The court decided that adultery shouldn’t be a crime, but rather something that could lead to civil action—like divorce.
- Why It Matters: The court made it clear that criminalizing adultery was outdated and didn’t align with modern values. It viewed adultery as a breach of personal liberty and individual choice, something that shouldn’t be regulated by criminal law.
- The Bigger Picture: This judgment was a huge step forward for gender equality. It knocked down a law that reinforced outdated, patriarchal ideas of marriage and relationships. Instead, it shifted the focus to the idea that relationships are personal choices, and civil law should handle them—not criminal law.
