Joseph Shine v. Union of India (2018) – Striking Down Adultery Law

Section 497 of the Indian Penal Code criminalized adultery, treating it as an offence committed by a man against another man (the husband of the woman). Women were seen as passive objects, with no agency, and could not be punished under the law. This archaic provision was widely criticized for being discriminatory and violative of fundamental rights.

In 2018, the Supreme Court unanimously struck down Section 497, declaring it unconstitutional. The Court held that criminalizing adultery violated Articles 14, 15, and 21, as it treated women unequally and deprived them of autonomy. The judgment clarified that while adultery remains a ground for divorce under personal laws, it cannot be a criminal offence.

The decision reflected a modern understanding of marriage as a partnership of equals. By removing the criminal stigma, the Court emphasized that the state has no role in policing private morality between consenting adults. The ruling also aligned India with global practices, where adultery is rarely criminalized.

At Mullick & Co. Advocates, we regard the Joseph Shine ruling as a progressive step towards gender equality and personal liberty. It demonstrates the Court’s willingness to strike down outdated laws that no longer serve justice in a modern society.