Supreme Court of India

Joseph Shine v. Union of India

Neutral citation
Bench Dipak Misra, R. F. Nariman, A. M. Khanwilkar, Dr. D. Y. Chandrachud and Indu Malhotra JJ.
Decided 27 September 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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From the headnote

Penal Code, 1860: s.497 – s. 198 of Cr.P. – Offence of Adultery – Whether unconstitutional, being violative of Articles 14, 15 and 21 – Held: (Per Court): s. 497 IPC and s. 198 Cr.P. . being violative of Articles 14, 15 and 21 of the Constitution, are unconstitutional – (Per Dipak Misra, CJI): s. 497 treats women, subordinate to men – The rationale of the provision suffers from absence of logicality of approach and therefore suffers from vice of Art. 14 being manifestly arbitrary – Section 497 also creates invidious distinctions based on gender stereotypes which creates a dent in the…

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