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In Joseph Shine v. Union of India (2018), the Supreme Court applied Constitutional Morality to hold that gender equality under Articles 14 and 15 requires marital relationships to be based on mutual respect and autonomy, not ______ or ownership.
- tradition
- patriarchy
- religion
- custom
Answer: patriarchy
Joseph Shine (2018) Constitutional Morality and gender equality: (a) Context: Challenge to Section 497 IPC criminalizing adultery (only men punished; women treated as property of husbands), (b) Supreme Court holding (unanimous): (i) Applied Constitutional Morality: Gender equality, individual autonomy override traditional patriarchal moral codes, (ii) 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), (iii) Marital relationships must be based on mutual respect, autonomy, not patriarchy or ownership, (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.