Correct option is A
In the landmark case of
Joseph Shine V. Union of India (2018), the Supreme Court of India decriminalized
Section 497 IPC (Adultery) and made a significant observation that "a husband is not the master of his wife." The Court emphasized gender equality and personal liberty, marking the law as archaic and discriminatory. The judgment reflected the evolving view of women's rights and the importance of equality in marital relationships.
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Joseph Shine V. Union of India (2018)
In this case,
Section 497 IPC, which criminalized adultery, was struck down as unconstitutional by the Supreme Court of India. The Court noted that the provision was based on the patriarchal notion that women were the property of their husbands. The judgment emphasized the following:
· The law treated women as subordinates, with no agency to take decisions regarding their own bodies and relationships.
· The Court ruled that a husband does not own his wife, and marriage should not diminish the personal liberty and dignity of the wife.
· The decision aligned with the fundamental rights to equality (Article 14), non-discrimination (Article 15), and personal liberty (Article 21) of the Constitution of India.
Additional Knowledge
(b) Sarla Mudgal, President, Kalyani V. Union of India (1995)
This case dealt with the issue of bigamy among Hindu men who converted to Islam to remarry without dissolving their first marriage. The Supreme Court ruled that conversion to Islam does not automatically dissolve the first marriage, and bigamy under such circumstances is punishable.
(c) Lily Thomas V. Union of India (2000)
This case is related to disqualification of Members of Parliament and State Legislatures under
Section 8 of the Representation of People Act, 1951, upon conviction in a criminal case. The Supreme Court ruled in favor of automatic disqualification upon conviction, reinforcing the need for clean governance.
(d) Kailash Singh V. Priti Pratihar
This case does not relate to the remark that "husband is not the master of his wife" and is unrelated to the decriminalization of adultery.
