Supreme Court of India
Joseph Shine v. Union of India
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17 Supreme Court benches have cited this judgment.
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
Authorities it was built on
- 1973 E. P. Royappa v. State of Tamil Nadu & Anr.
- 1978 Maneka Gandhi v. Union of India
- 1967 S.G. Jaisinghani v. Union of India and Ors.
- 1980 Ajay Hasia Etc. v. Khalid Mujib Sehravardi & Ors. Etc.
- 1986 Central Inland Water Transport Corporation Ltd. & Anr. Etc. v. Brojo Nath Ganguly & Anr.
- 1960 State of U.P. v. Deoman Upadhyaya
- 2002 Union of India v. Hansoli Devi & Ors.
- 1978 Sunil Batra Etc. v. Delhi Administration and Ors. Etc.
- 2004 E. V. Chinnaiah v. State of Andhra Pradesh and Ors.
- 2007 Anuj Garg & Ors. v. Hotel Association of India & Ors.
- 2004 Central Board of Dawoodi Bohra Community and Anr. v. State of Maharashtra and Anr.
- 1983 Mithu, Etc., Etc. v. State of Punjab Etc. Etc.
- 2003 John Vallamattom and Anr. v. Union of India
- 2018 Shakti Vahini v. Union of India and Others
- 2001 Union of India v. Elplllnstone Spinning and Weaving Co. Ltd. & Ors. Etc.
- 2010 Maharashtra University of Health Sc. & Ors. v. Satchikitsa Prasarak Mandal & Ors.
- 1984 A. L. Kalra v. The Project & Equipment Corporation of India Limited
- 2014 Charu Khurana & Others v. Union of India & Others
- 1983 Motor General Traders & Anr. Etc Etc. v. State of Andhra Pradesh & Ors. Etc. Etc.
- 1986 Rattan Arya Etc. Etc. v. State of Tamil Nadu & Anr.
- 2013 Voluntary Health Association of Punjab v. Union of India & Others
- 2015 Shamima Farooqui v. Shahid Khan
- 1996 Dr. K.R. Lakshmanan Etc. Etc. v. State of Tamil Nadu and Anr.
- 2008 P. Venugopal v. Union of India
- 2010 Arun Kumar Agrawal and Another v. National Insurance Company and Others
- 2013 Pinakin Mahipatray Rawal v. State of Gujarat
- 2017 Pawan Kumar v. State of H.P.
- 1995 Government of Andhra Pradesh v. P.B. Vijayakumar and Anr.
- 2015 State of M.P. v. Madan Lal
- 1967 State of Mysore v. S. R. Jayaram
- 2015 Ghusabhai Raisangbhai Chorasiya & Ors. v. State of Gujarat
- 1985 Smt. Sowmithri Vishnu v. Union of India & Anr.
- 1988 V Revathi v. Union of India & Ors.
Where later benches applied it
- 2022 Union of India & Anr. v. M/s. Ganpati Dealcom Pvt. Ltd.
- 2021 Manish Kumar v. Union of India and Another
- 2026 Anurag Krishna Sinha v. State of Bihar
- 2022 Hotel Priya, A Proprietorship v. State of Maharashtra & Ors.
- 2026 Syed Mohammed Ghouse Pasha Khadri v. Syed Mohammed Adil Pasha Khadri.
- 2024 State of Andhra Pradesh and Others v. Dr. Rao, V.B.J. Chelikani and Others
- 2024 Anjum Kadari & Anr. v. Union of India & Ors.
- 2024 Property Owners Association & Ors. v. State of Maharashtra & Ors.
- 2024 Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors.
- 2024 IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
- 2024 Chief Commissioner of Central Goods and Service Tax & Ors. v. M/s Safari Retreats Private Ltd. & Ors.
- 2024 Gaurav Kumar v. Union of India and Ors.
- 2024 Abhimeet Sinha & Ors. v. High Court of Judicature at Patna & Ors.
- 2024 Association for Democratic Reforms & Anr. v. Union of India & Ors.
- 2023 Sita Soren v. Union of India
- 2023 C.S. Gopalakrishnan Etc. v. The State of Tamil Nadu & Others
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
Of those, 2 relied on · 2 followed · 13 referred to
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