TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending

    Dhruv Rathee takes ‘vote chori’ campaign to London, raises debate over internationalising India’s electoral dispute

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    NSUI WhatsApp group renamed “We The Chhotu” over Neha Bora’s prominence

    NSUI WhatsApp group renamed “We The Chhotu” over Neha Bora’s prominence

    “Focus on US Problems”: Democrats’ Rubio Letter on India Protests Draws Fire Ahead of Mumbai Visit

    “Focus on US Problems”: Democrats’ Rubio Letter on India Protests Draws Fire Ahead of Mumbai Visit

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    What makes an NRI account the right choice for managing overseas earnings?

    What makes an NRI account the right choice for managing overseas earnings?

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    Modi Speaks to Carney Ahead of Likely Canada Visit; Fairfax Buys Majority of IDBI Bank in India’s Biggest Foreign Banking Deal

    Modi Speaks to Carney Ahead of Likely Canada Visit; Fairfax Buys Majority of IDBI Bank in India’s Biggest Foreign Banking Deal

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India-UK naval exercise Konkan-26 concludes after advanced maritime drills off Plymouth

    India-UK naval exercise Konkan-26 concludes after advanced maritime drills off Plymouth

    US Has Drawn Up Plans to Use “Mother of All Bombs” Against Iran; Doubts Over Effect on Buried Nuclear Sites

    US Has Drawn Up Plans to Use “Mother of All Bombs” Against Iran; Doubts Over Effect on Buried Nuclear Sites

    Navy Commissions INS Samarthak at Karwar as Fleet Expansion Quickens; China’s Lead Still Wide

    Navy Commissions INS Samarthak at Karwar as Fleet Expansion Quickens; China’s Lead Still Wide

    IAF gets its own communication satellite, Navy gets Varunastra anti-submarine torpedoes. What do these systems do?

    IAF gets its own communication satellite, Navy gets Varunastra anti-submarine torpedoes. What do these systems do?

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Why Sports Predictions Have Become More Popular in the Digital Age

    Why Sports Predictions Have Become More Popular in the Digital Age

    Ranabaali and the Southern Cinema Moment

    Ranabaali and the Southern Cinema Moment

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending

    Dhruv Rathee takes ‘vote chori’ campaign to London, raises debate over internationalising India’s electoral dispute

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    NSUI WhatsApp group renamed “We The Chhotu” over Neha Bora’s prominence

    NSUI WhatsApp group renamed “We The Chhotu” over Neha Bora’s prominence

    “Focus on US Problems”: Democrats’ Rubio Letter on India Protests Draws Fire Ahead of Mumbai Visit

    “Focus on US Problems”: Democrats’ Rubio Letter on India Protests Draws Fire Ahead of Mumbai Visit

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    What makes an NRI account the right choice for managing overseas earnings?

    What makes an NRI account the right choice for managing overseas earnings?

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    Modi Speaks to Carney Ahead of Likely Canada Visit; Fairfax Buys Majority of IDBI Bank in India’s Biggest Foreign Banking Deal

    Modi Speaks to Carney Ahead of Likely Canada Visit; Fairfax Buys Majority of IDBI Bank in India’s Biggest Foreign Banking Deal

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India-UK naval exercise Konkan-26 concludes after advanced maritime drills off Plymouth

    India-UK naval exercise Konkan-26 concludes after advanced maritime drills off Plymouth

    US Has Drawn Up Plans to Use “Mother of All Bombs” Against Iran; Doubts Over Effect on Buried Nuclear Sites

    US Has Drawn Up Plans to Use “Mother of All Bombs” Against Iran; Doubts Over Effect on Buried Nuclear Sites

    Navy Commissions INS Samarthak at Karwar as Fleet Expansion Quickens; China’s Lead Still Wide

    Navy Commissions INS Samarthak at Karwar as Fleet Expansion Quickens; China’s Lead Still Wide

    IAF gets its own communication satellite, Navy gets Varunastra anti-submarine torpedoes. What do these systems do?

    IAF gets its own communication satellite, Navy gets Varunastra anti-submarine torpedoes. What do these systems do?

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Why Sports Predictions Have Become More Popular in the Digital Age

    Why Sports Predictions Have Become More Popular in the Digital Age

    Ranabaali and the Southern Cinema Moment

    Ranabaali and the Southern Cinema Moment

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

2018, Joseph Shine vs. Union of India: The assault over institution of marriage

Shivam Jaiswal by Shivam Jaiswal
1 December 2022
in Law
Joseph Shine vs Union of India
Share on FacebookShare on X

Joseph Shine vs Union of India: Across societies, woman’s autonomy over their choice of partner has always been debated. Historically, women have always been subjugated and attributed as an agency of husband’s enterprise. In such a situation, where a prominent section is hindered from exercising the basic attributes of freedom in familial structures, the courts are expected to step in. The institution of marriage cannot be regarded as private spaces where constitutional rights are violated. To award immunity in circumstances where individual rights are under siege is against the basic premise of rule of law.

The Supreme Court in the 2018 judgment of Joseph Shine vs Union of India preserved the autonomy of an individual to make their choices with respect to their sexuality in the most intimate spaces of life. The court further protected the said right from public censures through criminal sanctions.

RelatedPosts

India-UK naval exercise Konkan-26 concludes after advanced maritime drills off Plymouth

India urges US to protect Indian nationals after alleged Hindu temple shooting plot in Illinois

“Focus on US Problems”: Democrats’ Rubio Letter on India Protests Draws Fire Ahead of Mumbai Visit

Load More

The unanimous judgment categorically struck down Section 497 Indian Penal Code, thereby decriminalizing adultery. The Bench comprising of Chief Justice Dipak Misra, Justice Khanwilkar, Justice Nariman, Justice Chandrachud, and Justice Indu Malhotra produced four concurring opinions.

Case Backdrop: Joseph Shine vs Union of India

In the year 2017, Joseph Shine, an Indian citizen residing in Italy, filed a petition in public interest under Article 32 of the Constitution. The petition challenged the constitutional validity of:

  1. Section 497 of the Indian Penal Code, 1860 which dealt with the criminal offense of adultery and;
  2. Section 198(2), Code of Criminal Procedure 1973 which provided that no person other than the husband of a person accused of adultery would be deemed to be aggrieved by the commission of an offense under Section 497 or Section 498 of the IPC.

The five-judge Constitution Bench on September 27th 2018, unanimously, in four concurring judgments, held that the law was archaic, arbitrary and paternalistic. It infringed upon a woman’s autonomy, dignity and privacy.

Also read: Sushil Kumar Sharma vs. Union Of India And Ors: The case that began the start of the end of fake dowry case

Question before the Supreme Court

 The primary issue before the Apex Court in the matter was whether Section 497 of the IPC read with Section 198(2) of the CrPC violated Articles 14, 15 and 21 of the Constitution of India.

The fundamental hypothesis was that the choice of an intimate partner fell squarely within the area of autonomy over a person’s sexuality. This meant that each individual had an unfettered right to decide whether to engage in sexual intimacy outside his or her marital relationship or not. The embargo on the basis of marriage status was therefore, put to question.

Also read: 1997 – Vishakha and others Vs. State of Rajasthan – The iconic case that led to the Prevention of Sexual Harassment Act 

Judgment: Man, not Master of Wife

The Constitutional Bench overruled several previous judgments upholding the criminalisation of adultery and struck down Section 497 of the IPC as unconstitutional. It violated the substantive equality clause under Articles 14, the non-discrimination provision of Article 15 and the constitutional guarantees of dignity, liberty, privacy and sexual autonomy under Article 21. The court further held that Section 198(2) of the CrPC was unconstitutional to the extent of its applicability to Section 497, IPC.

Further, the Bench held that the law resulted in the infringement of a woman’s right to life and personal liberty by espousing an idea of marriage that subverted true equality by applying penal sanctions to a gender-based approach to intimate relationships. The exaggerated focus on the aspect of connivance or consent of the husband translated to subordination of the woman.

The Court reaffirmed sexual privacy as a natural right under the Constitution. It provided that women are equal participants in a marriage and are capable of independently consenting to a sexual act in society as they are not a sexual property of their spouse.

Chief Justice Dipak Misra opined that treating adultery as a crime was an intrusion into the extreme privacy of the matrimonial sphere. Whereas, Justice D.Y. Chandrachud reiterated that the law supports misogyny and patriarchal notions of sexual control of a woman. He referred to the case of Navtej Singh Johar vs. Union of India and highlighted the indignity suffered by an individual when “acts within their personal sphere” are criminalised on the basis of regressive social attitudes.

On the other hand, Justice Indu Malhotra opined that adultery should remain a civil wrong as the freedom to have a consensual sexual relationship outside marriage by a married person did not warrant protection under Article 21.

Therefore, the judgment advocated gender neutrality in criminalization against the offense of adultery.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=gjQj-81ttuA

Tags: adulteryAutonomyConstitutionIndiaIPCjudgementJusticemarriageSupreme Court
ShareTweetSend
Previous Post

Why is Avatar the worst movie in Hollywood’s history?

Next Post

Solving farmers’ problems the AAP way

Related Posts

Ram Manohar Lohia case
Law

When Ram Manohar Lohia took on Nehru over the First Amendment and won

12 October 2026

Ram Manohar Lohia case: When we talk about Ram Manohar Lohia, discussions always move towards the socialist leader attacking...

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Why Is India Investing in Underwater Weapons?

Why Is India Investing in Underwater Weapons?

00:02:10

How DRDO Is Making India's Military Communications More Secure

00:03:28

How Ice on Aircraft Wings Can Turn Deadly

00:03:19

Indian Army’s New Logistics Plan: Why Bharat Rice Matters

00:04:35

Why Tejas Mk2 Matters: India’s Fighter Bridge Between 4th Gen jets and AMCA

00:04:59
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited