Joseph Shine v. Union of India (Adultery Case)

Joseph Shine, an Indian businessman based in Italy, challenged Section 497 of the Indian Penal Code which criminalized adultery. Under this provision, only the man who had sexual intercourse with a married woman could be punished; the woman was exempt, and a husband could not prosecute his own wife. The Constitution Bench unanimously struck down Section 497 as unconstitutional. The Court held that the provision was based on the notion that a wife is the property of her husband and violated Articles 14, 15, and 21. It treated women as chattel and denied them agency over their sexual choices. This judgment decriminalized adultery while affirming it remains a ground for divorce. It advanced gender equality by recognizing women as equal partners in marriage, not subordinate to their husbands.