Abstract
In Joseph Shine vs. Union of India, constitutional bench of Supreme Court unanimously declared section 497 of IPC, dealing with the offence of adultery, as unconstitutional Present paper analyses the Joseph Shine judgement from the perspective of law, sexuality and gender justice. It discusses the interface between law, state and sexuality. State and its instrumentalities have traditionally been regulating sexuality of its citizenry. However, still legal system lacks precise rules which could provide a limit to the State's regulation of sexuality of its citizenry. This paper attempts to theorise and propose guidelines which can be considered while deciding the legitimacy or otherwise of the state regulation of sexuality.
Recommended Citation
Khan, Owais Hasan and Arif, Farheen
(2018)
"Law and Sexuality: Commentary on Joseph Shine vs. Union of India and Others 2018 SC,"
National Law School Journal: Vol. 14:
Iss.
1, Article 16.
Available at:
https://repository.nls.ac.in/nlsj/vol14/iss1/16