2018 was a dynamic year and has brought several dynamic changes in our life and for this, we cannot thank enough the esteemed learned judges of the country. It was a year that has seen the beginning of many new things and has set the society as a progressive one. The Aadhar system got clarity and a section of society that had no recognition got validity from the landmark judgment of Section 377.
Table of Contents
- Here are the six judgments from the Supreme Court that restores our firm belief in the judiciary system of the nation:
- 1. The Constitutional Validity of The Aadhaar Card
- 2. Section 377 struck down
- 3. Adultery is not a crime
- 4. Women can enter Sabarimala
- 5. Passive Euthanasia Allowed
- 6. Live stream of the Court Proceedings
Here are the six judgments from the Supreme Court that restores our firm belief in the judiciary system of the nation:
1. The Constitutional Validity of The Aadhaar Card
The Apex Court, on its Dember 6, the judgment said that Aadhar is constitutional but making it is mandatory for availing Government services was unconstitutional.
Telecom companies, banks cannot make it mandatory for the users to link their Aadhar with their mobile phones or bank accounts. Still, the linking of Pan card and Aadhar is compulsory.
2. Section 377 struck down
On September 6, the Supreme Court made a historic judgment and decriminalized homosexuality. The ruling again looked into the judgment of 2013 and upheld a colonial law known as Section 377 of the Indian Penal Court (IPC) as per this homosexuality was considered as an ‘unnatural law’.
This historic judgment now allows the homosexuals to live as equal citizens in India and no one can harass them on the ground of their sexual orientation. However, section 377 will still be valid in case of unnatural sex with children and animal.
3. Adultery is not a crime
In another historic judgment by the Supreme Court, it has scrapped Section 497(Adultery) of the IPC and had made adultery by men a punishable offense. The order has considered 158 years old law as unconstitutional as it was contradicting with Article 21( Right to life and personal liberty) and Article 14(Right to equality).
Also the other two sections 198(1) and 198(2) of the CrPC as unconstitutional for letting a husband to put charges on the man with whom his wife had committed adultery.
The Supreme Court also made it clear that adultery would be ground for civil issues including dissolution of marriage, it could not be a dissolution of marriage.
4. Women can enter Sabarimala
“Devotion cannot be subjected to gender discrimination”, Supreme Court. The Apex court in a 4-1 verdict has removed the ban from the woman between the age of 10 to 50 from entering Kerala’s Sabarimala temple.
Four out of five of the Bench were in support of women for entering the temple. However, the final verdict was in favor of women.
5. Passive Euthanasia Allowed
The court has made it legal that the terminally ill patients can deny the use of life support system and opts for euthanasia. The court has made the judgment taking into account the suffering of the patient and let the families of such patients in an incurable coma to withdraw such measures.
This is done to smoothen the process of death for the patients who are terminally ill and have no chances of recovery.
6. Live stream of the Court Proceedings
On the 26th of September, the Supreme Court made a diligent effort in making the legal proceeding very transparent and allowed live-streaming during the proceedings of the court.
The Supreme Court bench headed by Chief Justice Dipak Misra said, “Sunlight is the best disinfectant”. This will bring about more of accountability in the working of courts.