Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In Joseph Shine v. Union of India (2018), the Supreme Court decriminalized adultery by striking down Section 497 IPC, but noted that civil remedies like ______ and maintenance remain available for marital disputes, illustrating balance between decriminalization and civil accountability.
- imprisonment
- divorce
- public shaming
- community service
Answer: divorce
Joseph Shine (2018) decriminalization and civil remedies: (a) Context: Challenge to Section 497 IPC criminalizing adultery (only men punished; women treated as property of husbands), (b) Supreme Court holding (unanimous): (i) Decriminalized adultery: Struck down Section 497 IPC as violating Articles 14, 15, 21, (ii) BUT civil remedies remain available: Divorce, judicial separation, maintenance, custody disputes can be addressed through civil law, not criminal law, (iii) Balance: Decriminalization protects individual autonomy, privacy; civil remedies provide accountability for marital disputes, (c) Applications: (i) Divorce proceedings: Adultery can be ground for divorce under personal laws, but not criminal offence, (ii) Maintenance claims: Affected spouses can seek maintenance through civil courts, not criminal prosecution, (iii) Custody disputes: Child custody determined based on child's welfare, not criminalization of parental conduct, (d) Rationale: (i) Autonomy: Criminal law not appropriate tool for regulating private consensual conduct between adults, (ii) Accountability: Civil remedies provide appropriate forum for addressing marital disputes, protecting vulnerable parties, (iii) Proportionality: Civil remedies less restrictive than criminalization; balance individual autonomy with accountability, (e) Illustrates calibrated rights balancing: Decriminalization protects individual autonomy, privacy; civil remedies ensure accountability for marital disputes; proportionality ensures appropriate legal response to complex social issues.