JOSEPH SHINE V. UOI: A FEMINIST JURISPRUDENTIAL APPROACH
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Abstract
The Supreme Court has struck down 158-year-old legislation based on victorian morality law in its landmark judgment in the present case. Adultery is no longer punishable as a crime under IPC as the said provision was considered to be violating Article 14, 15 and 21 of the Indian constitution. Furthermore, the institution of marriage is sacred and based on the mutual trust between the spouses. The SC, therefore, did not want to interfere in this private sphere of an individual. The rule laid down by this judgment will treat adultery only as a civil wrong and form a ground for divorce. I will critically analyze this judgment from a jurisprudential view of the feminist school basing my contention on the state’s commitment not to discriminate on the basis of sex.
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