The Rajasthan High Court has ruled that the decriminalisation of adultery by the Supreme Court of India in the Joseph Shine v. Union of India judgment applies retrospectively to all pending prosecutions and not just prospectively. The bench, led by Justice Anand Sharma, held that once a statutory provision is declared unconstitutional, it is considered void from its inception and cannot be the foundation for any ongoing or future criminal proceedings. The decision reinforces the principle that unconstitutional laws lose their legal validity entirely and cannot sustain any criminal liability.
The case before the Court concerned a complaint filed against a man accused of having an extramarital relationship with a married woman. The trial court had earlier taken cognisance under Section 497 of the Indian Penal Code, which criminalised adultery. The petitioner sought to quash the proceedings, arguing that since the Supreme Court had already struck down Section 497 as unconstitutional in Joseph Shine, the case against him could not legally continue. The prosecution contended that the decriminalisation should apply only from the date of the Supreme Court’s decision and that ongoing cases should not be affected.
Rejecting this argument, the High Court held that the declaration of unconstitutionality has a retrospective effect, meaning that Section 497 IPC ceased to have legal force from its very inception. The Court observed that continuing proceedings under the repealed section would perpetuate discrimination and violate the fundamental rights to equality, dignity, and privacy that the Supreme Court had emphasised in Joseph Shine. Accordingly, the Rajasthan High Court quashed the criminal proceedings against the petitioner.
In its reasoning, the Court underscored that the retrospective effect of striking down a law is essential to protect constitutional guarantees. It stated that once a law is declared unconstitutional, it becomes void ab initio and any prosecution based on it cannot survive. However, the Court also clarified that trials and convictions already concluded before the Joseph Shine judgment would not be reopened or retried, as the ruling could not be applied retrospectively to concluded cases.
This judgment brings the position of the Rajasthan High Court in line with other High Courts that have similarly recognised the retrospective application of the decriminalisation of adultery. It reiterates that any pending or ongoing criminal proceedings under Section 497 IPC are unsustainable and must be set aside. The decision thus reaffirms the enduring constitutional principle that once a penal provision is declared invalid, it ceases to exist for all purposes, ensuring uniformity and fairness in the administration of justice.
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