CASE COMMENTARY – JOSEPH SHINE VERSUS UNION OF INDIA
AUTHOR – UJJWAL SINGH, STUDENT OF FACULTY OF LAW, BANARAS HINDU UNIVERSITY
BEST CITATION – UJJWAL SINGH, CASE COMMENTARY – JOSEPH SHINE VERSUS UNION OF INDIA, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 607-611, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2
Abstract
The case of Joseph Shine vs Union of India has sparked widespread discussions and garnered significant attention in India. This commentary explores the background of the case, analyzes its implications for gender equality and personal freedom, and discusses its potential to impact society. Adultery laws in India screamed paternalism and male chauvinism for ages. Adultery has always been considered immoral and illicit against the institution of marriage. Even in Manusmriti, Dharmashastras and Christianity, it is a sin and was punished with banishment. The 150-year-old law remained the same for a long time, even in independent India, until it was challenged in several cases. Under section 497of the Penal Code, 1860 (IPC), ‘Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to rape, is guilty of the offence of adultery.[1] The case commentary is about the latest precedent decided by the Hon’ble Supreme Court of India of Joseph Shine v. Union of India . It is about the Section 497 of the Penal Code, 1860. The commentary includes a brief understanding of the precedent and questions involved in the case and their analysis in detail.
Keywords- Supreme Court of India, Parliament, Union, Constitution, Adultery, Crime
[1] Case Commentary : Joseph Shine v. Union of India, 2.3 JCLJ (2022) 690