Supreme Court of India

Joseph Shine v. Union of India

Neutral citation
Reported as [2018] 11 S.C.R. 765
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. – Offenc e of Adultery – Whether unconstitutional, being violative of rticles 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 Constitu tion, 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 suf fers 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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