Skip to main content

Constitutionality of Section 497 IPC

JOSEPH SHINE V UNION OF INDIA

                                                          by Mariya

 

Petitioner: Joseph Shine


Respondent: Union of India


Bench:  Chief Justice Dipak Mishra, Justice Khanwilkar, Justice R.F.Nariman, Justice D.Y. Chandrachud,  Justice Indu Malhotra


Analysis of the case

Joseph Shine is a hotelier filed a writ petition under Article 32 challenging the constitutionality of section 497 IPC read with sections 14,15,21 of the Constitution. The major reason for this petition was to protect Indian males from being punished for extramarital affairs by women or their husbands.

A powerful example of sexual injustice, authoritative imperialism, and patriotic masculinity is section 497 IPC.


Issues Raised

  • Whether the section 497 of IPC is unconstitutional?

  • Whether section 497 IPC read with section 198 of the Crpc si the infringement of Articles 14,15,21 of the Constitution.

  • Whether the provision for adultery is arbitrary and discriminatory under Article 14?


Judgement

The judgement was given by the Chief Justice of India starting with the statement ‘proving that wives are not property of the husbands and husbands are not their masters’.Such a magnificent, compassionate and monumental document embodies emphatic inclusiveness which has been further nurtured by judicial sensitivity when it has developed the concept of golden triangle of fundamental rights.

According to the ruling, section 497 is outdated and unconstitutional because it deprives women of their freedom, dignity, and privacy as it violates Article 14,15, 21 of Indian Constitution and determined that Section 198(2) of the CRPC was constitutional. This decision overturned several earlier rulings that had upheld the criminalization of adultery.

Chief Justice Dipak Mishra said that ‘The beauty of the Constitution is that it includes I, Me and You.

There were various times before the question has been arisen on the constitutionality of section 497 IPC. In case of Yusuf Abdul Aziz v State of Bombay, the 3 judges bench upheld the validity of the said provision as it is a special provision created for women and is saved by Article 15(3) and Article 14 of the Constitution is gender is  just classification, so by combining both it is valid’.

Justice Indu Malhotra said that the provision of Adultery is the violation of fundamental rights under Article 21 of the Constitution laid down in the case of Justice K.S.Puttaswamy and another v Union of India, In this case Supreme Court held that the Right to Privacy was a fundamental right derived from  Article 21.This right is subject to reasonable restrictions.

It was pointed out by the court that the nature of Section 497 IPC is arbitrary.





Labels:

Comments

Post a Comment

Popular posts from this blog

Abhijit Giri 156(3)

                     BEFORE THE HON’BLE COURT OF               METROPOLITAN MAGISTRATE               TIS HAZARI, NEW DELHI               COMPLAINT CASE NO.     /2022 IN THE MATTER OF: ABHIJIT GIRI                            …COMPLAINANT  VERSUS SUJAL PATEL & ORS.                   … ACCUSED   INDEX SR. NO PATICULARS PAGE NO INDEX   COURT FEES MEMO OF PARTIES SYNOPSIS AND DATES OF EVENTS APPLICATION U/S 156(3) Cr.P.C ALONG WITH AFFIDAVIT ANNEXURE–1 Copy of WhatsApp Messages sent by Accused. ANNEXURE-2 COPY OF POLICE COMPLAINT TO SHO,...
Post a Comment
Read more

FORM NO. 58B

FORM NO. 58B [See rule 11-O(2)] Certificate of expenditure incurred directly by a company in respect of eligible projects or schemes notified under section 35AC This is to certify that..................................................................................................... having permanent [name & address of the contributor] Account Number/G.LR. Number................................ ............................. has incurred an expenditure of Rs ...........................................................................during the period from .................. to ............during [in figures and words] the financial year......................in respect of project or scheme.......................................which has been notified under section 35AC vide Notification No. SO ...................... dated ...................... issued from File No. ......................at an estimated cost of Rs. ......................for assessment year(s)...................... Pl...
Post a Comment
Read more

Transforming Case Preparation: Litigation Support Services by Lexis and Company

  Transforming Case Preparation: Litigation Support Services by Lexis and Company In the fast-paced legal landscape, litigation support services play a crucial role in enabling attorneys and law firms to efficiently manage cases. At Lexis and Company , we provide virtual litigation support services that are tailored for global legal professionals operating in the UK , USA , Canada , Singapore , Dubai , and Australia . Our services are designed to deliver cost-effective , reliable , and scalable solutions, ensuring a win-win proposition with enhanced profitability and return on investment (ROI) for our clients. Service Highlight: Virtual Litigation Support 1. E-Discovery Services We specialize in identification, collection, and analysis of electronic data to support your litigation needs. From metadata extraction to data filtering and processing , our experts ensure that you receive relevant and well-organized evidence for effective case strategy. #LitigationSupport #EDiscove...
Post a Comment
Read more