India’s Supreme Court scraps colonial-era adultery laws in historic ruling
In a landmark ruling, India’s Supreme Court struck down colonial-era laws that criminalised adultery. The case, Joseph Shine v. Union of India, challenged provisions that treated women as passive objects under the law. The judgment marked a major shift in the country’s approach to gender equality.
The case centred on two legal provisions: Section 497 of the Indian Penal Code (IPC) and Section 198(2) of the Code of Criminal Procedure (CrPC). Section 497 criminalised adultery but only allowed husbands to file complaints, treating women as property without legal agency. Section 198(2) further restricted the right to complain, denying women any legal remedy.
The ruling in Joseph Shine v. Union of India removed a long-standing legal barrier to gender equality. It confirmed that personal relationships cannot be policed by criminal law when civil options are available. The case now stands as a key milestone in India’s ongoing legal reforms.
