2018 is the Year of Indian Judiciary with landmarks ruling in favour of transparency, public justice and national interest inspite of controversies about government control, the Supreme Court of India has set the tone for the democratic decisions and debate. Now, let’s recall some of its Landmark Judgments in 2018.
1. March 8: The Hadiya Case
Restores the marriage of Hadiya with Shafin Jahan, setting aside a Kerala High Court order that had annulled the validity of the marriage last year. Hadiya, a Hindu girl, had converted to Islam to marry Shafin.
2. March 9: Passive Euthanasia Legal
Legalises passive euthanasia with guidelines for patients suffering from terminal and irreversible illness. Observes that human beings have the right to die with dignity.
3. March 20: Stringent Provisions of SC/St Act overturned
Dilutes the stringent provisions of the Schedules Caste/ Schedule Tribe (Prevention of Atrocities) Act 1989. Aiming to curb the misuse of the law and protect honest public servants from arrest, the court holds that an arrest is not mandatory under the act. Says the accused public servant is entitled to anticipatory bail, and a preliminary inquiry must be conducted by the Police within seven days before taking any action against him.
4. July 4: LG vs Delhi Government
Rules in favour of the AAP government in Delhi and says the LG does not have independent decision-making powers, and is bound to act on the aid and advice by its Council of Ministers. The judgment also holds that the LG cannot act as an “”obstructionist.
5. July 7: Chief Justice the master of roster
Reiterates the Chief Justice is the “master of roster” and he alone has the powers to allocate cases to different benches.
6. July 17: Parliament asked to make law against mob lynching
Condemns the growing incidents of mob lynching and asks Parliament to reconsider enacting a new law to effectively deal with such incidents. “Horreridous acts of mobocracy” cant be allowed to become a new norm, the top court says.
7. July 31: No recall of Judge Loya case Judgment
Dismisses a plea by the Bombay Lawyers Association, seeking a review and recall of its judgment that held Special CBI court judge BH Loya had met with natural death.
8. September 6: Homosexuality decriminalised
Rules that gay sex among consenting adults is not a criminal offence, stricking down as “unconstitutional” a part of Section 377 of the 158 year old IPC that crminalised homosexuality.
9. September 14: Ex-ISRO scientist vindicated
Awards a compensation of Rs 50 lakhs to former ISRO scientist S Nambi Narayanan and holds he was “arrested unnecessarily, harasses and subjected to mental cruelty” in the 1994 espionage case. The court orders a probe into the role of Kerala Police Officers in it.
10. September 26: No SC/ST quota for promotions
Rules that there will be no reservation in promotion for Scheduled Caste and Schedule Tribes in government jobs.
11. September 27: The Adultery Decriminalised
Strikes down Section 497 of the IPC, calling it unconstitutional and arbitrary, and decriminalised adultery, which remains a “civil offence” and can serve as a ground for diverse.
12. September 27: The Ayodhya verdict
Declines to refer to a five-judge Constitution bench the issue of reconsideration of its 1994 observations that a mosque was not integral to Islam that arose during the hearing of Ayodhya land dispute
13. September 28: Women’s entry into Sabarimala Temple
Allows women of all age groups to enter the temple of Lord Ayyappa at Sabarimala in Kerala and offer worship, contrary to the practice that did not allow women of menstruating age (10 to 59 years) to enter the shrine.
14. October 23: “Green Crackers” for Celebrations
Ahead of Diwali, allows licenced traders to sell crackers, and that too eco-frinedly only. It puts a ban on sale of firecrackers online, and allows people to burst crackers only between 8 PM and 10 PM on Diwali and between 11.45PM and 12.30 AM on Christmas eve and New Year
15. Decemebre 14: No Rafele probe
Dismisses all the petitions that had sought a court monitored probe into the multi-billion dollar Rafele fighter jet deal with France. The apex court says no Rafele probe was required.
Source: New Indian Express