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Abstract

Over the years, legal reforms in India have played an important role in altering the position of women in societal orderings. This is seen in various matters, like matters concerning inheritance and in protection against domestic violence. Law can act as an agent of social change as well as social stagnation. The Indian Constitution in text, as well as in interpretation, has played a significant role in the evolution of law from being an instrument of oppression to becoming one of liberation. Recently, the Supreme Court has struck down the 158-year-old Section 497 of the Indian Penal Code, which criminalizes adultery, as unconstitutional The basic objective of this paper is to analyse the Joseph Shine v. UOJ case and discuss impact of this case on women's liberty and society and reasons for declaring it unconstitutional This article also identifies what are the effects on marriage in India after the striking down of Section 497 where marriage is always considered as a sacrament.

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