Best decisions of 2018 taken by SC

TANUSHREE PODDAR:

This year has brought a lot of changes in the law and order of India. Several laws which showed that India was trailing other countries in recognizing individual’s rights have been struck down. On the other hand, India is also inspiring other countries to break their barriers.

As we come closer to the new year, let’s check what all Supreme Court judgment that will shape India for good

The fundamental right to die

In March, SC held the right to life includes the right to die with dignity. The apex court decided passive euthanasia should be allowed for withdrawal of life support for terminally ill patients or patients in a permanent vegetative state.

In doing so, the court ensured that an individual’s right to die with dignity is more important than the state’s interest in ‘preserving the sanctity of life’.

Strike down of Section 377

In 1861, under the British rule, section 377 of the penal code an act that criminalizes homosexuality was introduced.  It is referred to ‘unnatural offenses’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal should be punished with life imprisonment.

On 6th September a historic event took place after the supreme court stated that decriminalized the Section 377 of the IPC and allow gay sex among consenting adults in private.

It said, “The natural identity of an individual should be treated to be essential to his being. What nature gives is natural. That is called nature within. Thus, that part of the personality of a person must be respected and not despised or looked down upon.”

Reservation in promotion for SC/ST government employees

The SC turned down an appeal to reconsider its own earlier order that had rejected the idea of reservations for Scheduled Castes (SCs) or Scheduled Tribes (STs) in government job promotions on September 26.

Adultery is no more a crime

Adultery, voluntary sexual intercourse between a married person and a person who is not their spouse will no more be considered as a crime. 150-year-old law defined under Section 497 of the Indian Penal code, came under sharp criticism for treating women as possessions rather than human being. The SC declared Section 497 to be unconstitutional and it’s no more crime but if it leads to someone committing suicide, it will be treated as a crime- abetment to suicide.

No need to attach Aadhaar card to everything

After Narendra Modi came in power, the central government made it mandatory to attach Aadhaar card as a unique identity card which carried all the information of an individual.

On 26th September, five-bench judges of SC scrapped Section 77 of the Aadhaar card act after 31 petitions challenged the validity of Aadhaar and said that it violated a citizen’s privacy. The court stated that the Aadhaar card is constitutional but making it mandatory for availing government services is unconstitutional. After which, the verdict barred several private entities from asking customers to verify themselves using Aadhaar.

Now get live streaming of SC proceeding

On 26th September, SC decided to bring its courtroom proceedings under public glare by agreeing to live-streaming of court functioning, paving the way for people to watch the courtroom drama live. CJI quoted, “Sunlight is the best disinfectant.”

Now women between 10-50 can enter Sabarimala

Sabarimala is located at the Periyar Tiger Reserve in Kerala where since last 27 years, the temple has not opened to menstruating women (between the ages of 10 and 50). On 28th September, SC lifted centuries’ old prohibition of women between ages 10 and 50 from entering Sabarimala temple.

The court quoted, “The dualism that persists in religion by glorifying and venerating women as goddesses on one hand and by imposing rigorous sanctions on the other hand in matters of devotion has to be abandoned. Such a dualistic approach and an entrenched mindset results in indignity to women and the degradation of their status.”

Ram Janmabhoomi-Babri Masjid dispute

The Ayodhya dispute is a political, historical and socio-religious debate in India, centered on a plot of land in the city of Ayodhya. The main issues revolve around access to a site traditionally regarded among Hindus to be the birthplace of the Hindu deity Rama, the history and location of the Babri Masjid at the site, and whether a previous Hindu temple was demolished or modified to create the mosque.

On 28th September, the SC turned down two pleas in the Ayodhya case. One that directly deals with the way the disputed land was split according to 2010