7 historical decisions of the Supreme Court

7 historical decisions of the Supreme Court

The Supreme Court has taken several landmark decisions this year. In the last one month, four such big decisions have been taken which have brought relief to the citizens of the country. All these decisions have not only ensured justice but have also ruled on issues which the larger section of the society has refused to accept and accept. In the coming years in the country, these decisions will also prove to be very important to bring about a better change. Let us tell you about those seven big and historical decisions-

First decision- Section 377 to be excluded from the category of crime

On September 6, the constitutional bench of the Supreme Court took a major decision on Section 377 of the Law on Homosexuality and excluded it from the category of crime. That is, homosexual sex between two adults by consent was excluded from the scope of the offense by one vote. The court termed a part of Section 377 of the Indian Penal Code, which consensual unnatural sex a crime, as irrational, non-defensive and arbitrary. The court repealed section 377 partly because it violates the right to equality.

Activists had fought a long legal battle to give the LGBTQ community the freedom to love. A five-judge bench abolished this 157-year-old law made in the British era.

Second decision - Validity of Aadhaar

Just a few days ago, the Supreme Court legalized the legal constitutionality of the Aadhaar card. The Supreme Court has retained its use for many services. However, the court declared the use of Aadhaar number illegal in many services. The court said that Aadhaar card will be required for ration, PAN card, income tax return, old age pension, disabled pension, blind pension. Also, the court said that this would not affect the common life of the people. Aadhar card will no longer be necessary for school admissions, CBSE exams, bank account, buying mobile sim, JEE, CAT and NET exams. Also, the court said that no bank can ask its customers to link their Aadhaar number to the account.

Third decision - Adultery is no longer a crime

The Adultery Act, i.e., Section 497 of the IPC, made about 158 ​​years ago in the British era, was also excluded from the category of crime. The Supreme Court, in its judgment on September 27, declared the punitive provision relating to adultery unconstitutional, saying it was clearly arbitrary and hurt the individuality of the woman. A five-member constitution bench headed by Chief Justice Dipak Misra unanimously repealed the punitive provision of 158 years old Indian Penal Code relating to adultery as unconstitutional. Only men are held guilty under this law, which violates the right to equality. Also, the court said that why it is not a crime to have relationship with husband's consent?

The bench also expressed surprise at the provision that if a woman forms a relationship with a non-male with the consent of the husband, then it is not a crime? The bench termed this provision as arbitrary and discriminatory. This provision considers the married woman as the property of the husband because the wife's relationship with a non-male is dependent on the will of her husband.

Fourth verdict - three divorces declared invalid

The Supreme Court, while giving verdict on triple talaq, said that it is illegal for Muslim women to divorce their husbands by saying that they are divorced thrice in one go. The Supreme Court ruled on August last year. The court's decision on this issue, which has been stuck for almost three decades, is called historic. The government has also recently brought a triple talaq bill in which the Union Cabinet approved the ordinance to make triple talaq a punishable offense. On which President Ramnath Kovind has also stamped. Now the government will have to pass this bill in 6 months.

Fifth verdict - Right to privacy

In August last year, the Supreme Court said that a person's right to privacy falls under Article 21 of the Constitution. Which also brings it under the purview of Fundamental Rights. The Bench of 9 judges said in their judgment that the right to privacy under Article 21 is also a part of the right to live and the right to personal liberty. Article-21 guarantees the person to live and freedom under the constitution.

Sixth verdict - Passive euthanasia allowed

In March this year, a Constitution Bench of five judges of the Supreme Court ruled on the will to live. In which the court allowed passive euthanasia in Living Will. At the same time, the Bench also issued guidelines for safeguards under it. The court also issued guidelines in cases where there is no living will in advance. Under this, a family member or friend can go to the High Court and the High Court will create a medical board which will decide whether passive euthanasia is needed. The court said that these guidelines will continue till the law comes. The court said that a person should also have the right to die gracefully.

What is passive euthanasia?

The difference between active and passive euthanasia is that in active something should be done for the death of the patient while in passive euthanasia nothing should be done to save the patient's life.

Seventh decision - Decision on Sabarimala

The Supreme Court delivered another historic verdict on 28 September. The decision of the Supreme Court gave a great news to women. The court passed the historic verdict on the Sabarimala temple in Kerala, allowing women of all ages to enter the temple and worship.

Please tell that for the last 800 years, the entry of women between 10 and 50 years of age was banned. Chief Justice Deepak Mishra and Justice Khanwilkar said that there should be no discrimination among the devotees of Ayyappa. Restricting women from worship is a violation of their rights and religion should not be used against women.

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