Six Judgements By Supreme Courts In 2018 That Make Us Believe There's Nothing Bigger Than Law

2018 has brought several major changes in our lives, thanks to the wisdom of learned jurists in our country. It has been a year of many firsts and has somehow made our society even more progressive. A section of society that was deprived of their fundamental rights got recognised with the landmark Section 377 judgement. Not only this, the much talked and criticised Aadhaar system also got clarity. The Supreme Court ruled that Aadhaar was constitutional but making it mandatory for availing government services was unconstitutional.

Here are the recent landmark judgements by The Supreme Court that restores our faith in justice and judiciary:

1. Supreme Court Upholds Constitutional Validity Of Aadhaar Card

The Apex Court, on December 6, said Aadhaar is constitutional but making it mandatory for availing government services was unconstitutional. Banks, telecom companies cannot make it mandatory for users to link their Aadhaar with their mobile phones and bank accounts. The Supreme Court called it 'Unconstitutional'. However, it was pointed out that Aadhaar-PAN linking is mandatory.

Photo: AP/Celebrations in Nagpur

2. Section 377 struck down

On September 6, the Supreme Court, in another landmark judgement decriminalised homosexuality. The ruling re-examined a 2013 judgement that upheld a colonial law known as Section 377 of the Indian Penal Code (IPC), under which homosexuality is described as an ¡°unnatural offence¡±. After this judgement, the homosexuals are now allowed to live as equal citizens in India and nobody can harass them on the basis of their sexual orientation. However, the apex court said that Section 377 would continue to be in force in cases of unnatural sex with children and animals.

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3. Adultery is no more a crime

In another landmark judgement by the Supreme Court, it scrapped Section 497(Adultery) of the Indian Penal Code that made adultery a punishable offence for men. The order considered the 158-year-old law as unconstitutional as it contradicted Article 21 (Right to life and personal liberty) and Article 14 (Right to equality). It also declared Section 198(1) and 198(2) of the CrPC as unconstitutional for allowing a husband to bring charges against the man with whom his wife committed adultery. The Supreme Court observed that while adultery could be a ground for civil issues, including dissolution of marriage, it could not be a dissolution of marriage.

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4. Women can enter Sabarimala

"Devotion cannot be subjected to gender discrimination", Supreme Court. The apex court in a 4-1 verdict removed a ban that prevented women between 10 and 50 years of age from entering Kerala's Sabarimala temple. Four of the five judges on the Bench supported the entry of women inside the temple. The then CJI Dipak Misra, A M Khanwilkar, Justices R F Nariman, and D Y Chandrachud ruled against the restriction, while Justice Indu Malhotra gave a dissenting opinion, saying, ¡°the religious practice of restricting the entry of women between the ages of 10 to 50 years is in pursuance of an ¡®essential religious practice¡¯¡± and ¡°notions of rationality cannot be invoked in matters of religion by courts¡±.

5. Passive Euthanasia Allowed

The apex court made it legal for a terminally ill patient to decline use of life support system and opt for euthanasia. The court has taken into consideration the suffering of a patient and allowed families of such patients in an incurable coma to withdraw such measures. The bench headed by then CJI Dipak Misra said that ¡°smoothening¡± the process of death for terminally ill patients with no chance of recovery was integral to life with dignity.

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6. Live-Streaming Of Court Proceedings

On September 26, the Supreme Court in another landmark judgement and to make legal proceedings transparent, allowed live-streaming during a court proceeding. The Supreme Court bench headed by Chief Justice Dipak Misra said, "Sunlight is the best disinfectant." The bench believed this will bring more accountability and will also help in enhancing the rule of law.

2018 has been a year of many landmark judgements that will change our society for good.