Skip to content

India’s Supreme Court Strikes Down Archaic Adultery Laws in Historic Ruling

A bold verdict shattered centuries of inequality under Indian law. How one case redefined women’s rights and dismantled discriminatory legal barriers.

This image is clicked on the badminton ground. Here in the middle of the image there is woman who...
This image is clicked on the badminton ground. Here in the middle of the image there is woman who is playing badminton, she is wearing pink color shirt and white color shoes, she also has a band to her head. She is holding a racket in her hand. There is a banner on the backside.

India’s Supreme Court Strikes Down Archaic Adultery Laws in Historic Ruling

In 2018, India’s Supreme Court delivered a landmark judgment in Joseph Shine v. Union of India, striking down archaic laws on adultery. The case challenged Section 497 of the Indian Penal Code (IPC) and Section 198(2) of the Code of Criminal Procedure (CrPC), which criminalised adultery while treating women as passive victims. The ruling marked a turning point for gender equality under Indian law.

The petitioner, Joseph Shine, filed a case arguing that Section 497 of the IPC and Section 198(2) of the CrPC violated fundamental rights. These laws criminalised adultery but only allowed husbands—not wives—to file complaints. Women were treated as their husbands’ property, denied agency in legal matters.

The Supreme Court’s decision abolished Section 497 IPC and the related CrPC provision, ending their discriminatory impact. The judgment affirmed women’s independence in marriage and removed outdated legal barriers. This case remains a key milestone in India’s progress toward gender equality and constitutional rights.

Read also: