LANDMARK JUDGEMENTS OF 2018
The year 2018 has witnessed some of the most vital and life changing decisions in the history of India. These judgements has been life changing for the Indian mass and given them a better and broader perspective towards life. With the beginning of the year 2019, a quick glance of these judgements has been provided henceforth.
- Decriminalisation of section 377:-
In a landmark judgment, the Supreme Court, on 6 September 2018, decriminalised homosexuality. It scrapped the controversial Section 377- a 158-year-old colonial law on consensual gay sex. The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary. “LGBT Community has same rights as of any ordinary citizen. Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the constitution. Criminalising gay sex is irrational and indefensible,” said Chief Justice Dipak Misra, who headed the five judge bench hearing the case. The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
- Reservation in promotion for SC/ST government employees:-
The Supreme Court 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, 2018.
- Validity of Aadhaar:-
The Supreme Court upheld the validity of Aadhaar on September 26, 2018 and struck down Section 57 of Aadhaar Act. It said, private companies cannot ask for Aadhaar. It won’t be mandatory for opening of bank accounts, mobile connections.
- Ram Janmabhoomi-Babri Masjid:-
The Supreme Court turned down two pleas in the Ayodhya case on September 27, 2018. One that directly deals with the way the disputed land was split according to the 2010 Allahabad High Court ruling, and another that would have had a direct impact on the Supreme Court’s final verdict in the case.
- Adultery:-
In a historic judgement, the Supreme Court quashed adultery as a criminal offence in India. The court underlined that Section 497 treats women as properties of their husbands and is hence manifestly discriminatory. It trashed the central government’s defence of Section 497 that it protects the sanctity of marriages.
- Sabarimala verdict:-
The Supreme Court lifted centuries’ old prohibition of women between ages 10 and 50 from entering Sabarimala temple in Kerala on Friday. “The practice in Sabarimala temple violates the rights of Hindu women. It has to be in harmony with the Constitution” said Chief Justice of India Dipak Misra.
- Bhima Koregaon arrest:-
In a setback for activists, the Supreme Court ordered an extension of the house arrest of activists for four more weeks on September 28, 2018.
- Live streaming of court hearing:-
The Supreme Court on Wednesday 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 as it unfolds on September 26, 2018.
- Politicians with criminal antecedents:-
In its unanimous verdict, a five-judge bench led by Chief Justice Misra left it to Parliament to bar lawmakers facing trial for heinous and grievous offences from contesting elections by enacting a “strong law”, while it observed that the criminalisation of politics is a bitter manifest truth and a “termite” to the citadel of democracy. Refusing to put a ban on candidates with criminal antecedents from entering the poll fray, the court said the law should also make it mandatory for political parties to revoke the membership of candidates facing serious criminal cases.
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