The year 2018, will be reminiscent in India’s legal history. The honorable Supreme Court of India delivered 4 verdicts, which justify the testimony of the Apex court’s willingness to evolve with the contemporary era.
The Supreme Court Verdicts are crucial, as the 5 Judges scrapped off the immutable “Conservative and Traditional” mindset laws from the constitution. These laws were older than a century and we not matching with the contemporary era.
However, the scraping off of the 4 laws will not be assimilated by Indian Society anytime sooner. The only good thing with the arrival of these Supreme Court verdicts is that there is a “Law to protect” the individual acts which were criminalized before.
In Sabarimala, Tamil Nadu, a 12th century Hindu temple restricted the entry of women, because of their gender orientation. The reason is “They are impure” because they menstruate.
Many female activists protested and termed “non-entry” into the temple as a violation of their fundamental rights.
FYI, temple authority came with a fantastic idea to restrict menstruating women by simply not allowing women of age 10-50 years.
The reason they gave for this was that the God worshipped in the temple is a celibate. I wonder if the God they worship doesn’t prefer to be worshiped by his own creatures.
Thus, the Supreme Court decision, headed by the Bench Of CJI Dipak Misra, scrapped this “Conservative” custom. Congratulations to all women followers!
FYI, the verdict came a day before the 65th Birthday of CJI Dipak Misra and the headlines became more celebrated.
Section 377 LGBT Verdict
On September 6th, 2018, the Supreme Court of India scrapped away Section 377 of the constitution. This verdict lifts the ban on gay sex dating (homosexuality).
Before the Section 377 verdict of Supreme Court, a person indulging in “Sexual Intercourse against the orders of nature” was penalized for a period of 10 years.
In 2009, Delhi High Court gave a verdict, against “LGBTQ” community and their rights. But it was reversed again. The case was then pending with the Supreme Court of India.
It took a span of 9 years to sink in mind of India’s APEX court that “their natural orders are for homogenous sex”. It is their sexual orientation, not something chosen out of LUST. Thus, doing so doesn’t “VIOLATE ANY ORDER OF NATURE”.
“Constitutional Morality can’t be Martyred at the altar of Social Morality” claimed CJI Dipak Mishra. The verdict has approved Section 377, making homosexuality no more a criminal offense.
But, the law doesn’t extend to marriage! Something more needs to be conquered.
Since the BJP government came into power, everywhere I went, I was asked to produce the Aadhar. Without AADHAR, I could not open my bank account, get a new Sim card or be eligible for any Scholarship.
There is a sigh of relief now. The Supreme court has now upheld Section 7 of the Aadhar act, which earlier gave AADHAR a status of a MANDATORY document.
The supreme court said, "Any government service can’t be denied to an individual if he/she fails to provide AADHAR". The private companies are no more entitled to seek Aadhar data.
Even Banks and financial institution can’t ask for Aadhar data. No college will deny you admission in the absence of Aadhar.
With the Supreme Court ruling on AADHAR, “Without AADHAR, you still have AADHAR to benefit several government and non-government benefits”.
The Section 497 Verdict
The Supreme Court of India has also scrapped of Section 497 of IPC. Now, if a wife cheats on her husband, wife’s lover is not a criminal as per law. Earlier, there was a bias in this law.
Before section 497 was scraped off, if a wife cheated on her husband, the husband was allowed to lodge a complaint against her.
But if the husband cheated his wife, she wasn’t entitled with the right to lodge a complaint against it. A major XY(Male Domination) bias.The supreme court now has now decriminalized “ADULTERY” for everyone.
If a wife is involved with another man, the husband is not entitled to lodge a complaint like a wife is not entitled to lodge a complaint when her husband cheats her.
“Adultery might not be a cause of Unhappy Marriage, it could be the result of unhappy Marriage”. Supreme court observed while delivering its historic verdict.
An act of adultery, that happens between two sensible people, as per the Supreme Court is a result of poor marriages. And if the husband enjoys rights, so must the wife.
However, I believe, it is a bad decision. Instead of decriminalizing it, the women must be entitled to lodge against her cheating husband.
I know from the “Monkey Mind” of human, they never stick to the same thing how good or interesting they may be. At one point, everything seems insipid.
But relationships aren’t meant to be broken, if your partner denies accepting some of your points, there is always a way to patch the detached.
This isn’t a conservative mindset. If a person keeps on switching partners, there will be the same situation of India as was once of America, with more than half of Children having divorced parents.
“Adultery can be ground for divorce” observed Supreme Court, however, it is no longer a criminal offense.
So, if a person is truly unhappy in marriage, he/she can get a divorce without being adulterous. It is not morally right, even if it is not a crime.
These are the 4 historic Supreme Court verdicts that came in the year 2018, before CJI Dipak Misra left office on October 2nd, 2018.
There was one more important decision that was to be taken by the 5 court bench of Supreme Court - the Ayodhya dispute.
However, it was passed back to the bench of 3 judges of Supreme Court and will be dealt with later on 28th October 2018.
The Supreme Court said that there's no need for a higher bench to take a decision in this matter.
2018 Supreme Court verdicts have made us believe that India is adapting to the modern needs and we can expect a better future altogether.