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Joseph Shine V. Union of India 2018 | Adultery Law | Section 497 IPC |

In India, Adultery law is defined in section 497 of Indian Penal Code. Section 497 comes under the purview of the courts several times in the past but every time Supreme Court held section 497 as valid. But the Supreme Court on 27th September 2018 in the case of Joseph Shine v. Union of India[1] has brought down the 158 years old Victorian Morality law on adultery. The petition was filed by a non resident of Kerala named Joseph Shine who has raised question on the constitutionality of the section 497 of the Indian Penal Code. The judgment has overruled all the past judgments which upholds the criminalization of adultery. Now, adultery is become legal but it is still not ethical with the society. The institution of marriage is based on the trust between both the partners i.e. husband and wife. Therefore, Honorable Supreme Court of India does not interfere in the personal and moral lives of the people. Currently, adultery is only considered as a civil wrong and the remedy for the act of adultery is only divorce. Facts of the Case: Joseph Shine, the hotelier challenged the constitutionality of the section 497 of Indian Penal Code. The core reason behind this petition was to shield Indian men from being punished for extra marital relationships by vengeful women or their husbands. Petitioner’s close friend in Kerala committed suicide after a women co-worker made malicious rape charge on him. Further section 497 is an engregious occurrence of sexuality unfairness, authoritative imperialism and male patriotism. The traditional framework in which section 497 was drafted, is no longer applicable in modern society. Issues: Whether section 497 of Indian Penal Code is unconstitutional ? The petitioner wanted certain problems with section 497 to be addressed :- Adultery law provides that man to be punished in case of adultery but no action is suggested for the women. Hence, it made the gender neutral. As per section 497, there is no legal provision that a woman can file a complaint of adultery against her husband. According to section 497, if the husband gives his consent for such an act then such act is no more considered as a crime. Therefore, women are treated as an object under adultery law. Join the various courses at https://video.onlyias.in/ You can send your queries at [email protected] For Course related information, you can call at 7007931912 Join this channel to get access to perks: https://www.youtube.com/channel/UCh4f... Join this channel to get access to perks: https://www.youtube.com/channel/UCh4f... Please see this video to download PDF == https://www.youtube.com/watch?v=TZCtv... Download the PDF at https://t.me/onlyiasnothingelse or http://onlyias.com/downloads/ Subscribe to http://www.onlyias.com/ Like us at   / onlyias02   UPSC Environment mains visit - https://bit.ly/3rpbdfw Indian Economy UPSC Mains visit - https://bit.ly/3nM1i1t UPSC Environment mains visit - https://bit.ly/3rpbdfw UPSC Civil Services discussion visit - https://bit.ly/34GhsC1 Niti Aayog strategy for new India @ 75 visit - https://bit.ly/3rri4Vx UPSC Civil Services Mains Paper 3 visit - https://bit.ly/3mQ3m6Z India and its neighborhood- relations UPSC mains visit - https://bit.ly/34ImHRt Previous year UPSC Civil Service Questions visit - https://bit.ly/3pfyjTK Effect of policies and politics of developed and developing countries visit - https://bit.ly/3piybmE Society UPSC Mains visit - https://bit.ly/3pliZFn Governance UPSC discussion visit - https://bit.ly/3az2X6G Science and Technology Mains UPSC paper discussion visit - https://bit.ly/2Jfvm6n Polity Civil Service Paper discussion visit - https://bit.ly/37HCNNc Agriculture UPSC Mains discussion visit - https://bit.ly/3nO9ZYP Ethics UPSC paper discussion visit - https://bit.ly/3hdF99y TRIBES IN INDIA visit- https://bit.ly/3mMpMq3 International Organisation visit- https://bit.ly/37IM3kc Bilateral, regional and global groupings and agreement visit- https://bit.ly/2WHmc5N