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In Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 IPC (adultery) as violating gender equality under Articles 14, 15, and dignity/autonomy under Article 21, holding that marital relationships must be based on mutual respect, not ownership.
- True
- False
Answer: True
Joseph Shine (2018) gender equality and marital autonomy: (a) Context: Challenge to Section 497 IPC criminalizing adultery (only men punished; women treated as property of husbands), (b) Supreme Court holding (unanimous): (i) Section 497 unconstitutional: Violates Article 14 (arbitrary classification — only men punished), Article 15 (discrimination based on sex — reinforces patriarchal stereotypes), Article 21 (violates autonomy, dignity, privacy in marital relationships), (ii) Constitutional Morality: Gender equality, individual autonomy override traditional moral codes, (iii) Impact: Decriminalized adultery; civil remedies (divorce, maintenance) remain, (c) Applications: (i) Gender justice: Foundation for subsequent cases on marital rights, reproductive autonomy, LGBTQ+ rights, (ii) Personal law reform: Reinforces principle that personal laws subject to Fundamental Rights scrutiny, (iii) Social change: Legal reform requires accompanying social education to shift patriarchal attitudes, (d) Rationale: (i) Equality: Law cannot treat women as property; must recognize equal agency in marital relationships, (ii) Dignity: Marital relationships based on mutual respect, autonomy, not ownership, (iii) Privacy: State cannot criminalize private consensual conduct between adults, (e) Illustrates evolving gender jurisprudence: From patriarchal norms to equality, autonomy, dignity; Constitutional Morality guides interpretation of rights in evolving social contexts.