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In the matter of Joseph Shine v. Union of India the centre in its counter affidavit has stated that striking down section 497 of the Indian Penal Code will destroy the institution of marriage. It was stated” Section 497 supports, safeguards and protects the institution of marriage," "It is submitted that striking down Section 497 of IPC and Section 198(2) CrPC will prove to be detrimental to intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage”.
The affidavit was in response to a petition filed by an Italy-based NRI—Joseph Shine challenging the constitutional validity of Section 497 of the Indian Penal Code, which seeks to punish only men for adultery and treats women involved in the crime as victims. However, the Centre did not deal with the contentious issue PIL about making both men and women equally liable for the crime. Joseph, in his plea, said that Section 497 was "prima facie unconstitutional on the grounds that it discriminates against men and violates Article 14, 15 and 21 of the Constitution.
It was submitted by the centre that it further informed the Court that the LCI was currently examining the issue by identifying certain focus areas and forming sub-groups. It was added that” The decriminalisation of adultery will result in weakening the sanctity of a marital bond and will result in laxity in the marital bond,”
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