Published Online:April 2026
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR050426
DOI:10.71329/IUPLR/2026.16.2.63-70
Author Name:M V Subhashiny
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:63-70
The Supreme Court of India, in a momentous judgment delivered on September 27, 2018, in Joseph Shine vs. Union of India, decriminalized adultery in India. This paper examines what the said judgment means for the sanctity of marriage and family as a fundamental unit of society. The paper cites cases on adultery in India over the years and the constitutionality of adultery laws, and argues that the move to decriminalize adultery fails to take into account the plight of the primary victim of adultery, i.e., the betrayed wife, and is thus skewed in favor of the adulterer. Hence, the paper raises objections to decriminalizing adultery without putting in place adequate gender-sensitive safeguards
On September 27, 2018, the Supreme Court of India delivered a landmark judgment, decriminalizing adultery in Joseph Shine vs. Union of India.1 The writ petition was filed by Joseph Shine in the form of a Public Interest Litigation (PIL) on October 10, 2017 before the apex court under Article 32 of the Indian Constitution, challenging the constitutionality of section 497 of Indian Penal Code 1860 and Section 198 (2) of Criminal Procedure Code,which were in force at the time the petition was filed.