Important Judgements 2018 – Judgements by Supreme Court of India which redefined the Indian outlook and how India perceives different issues, and how the world looks at India. Let us have a detailed look at all the Important Judgements 2018.
Important Judgements 2018
1. Lifting ban on entry of women (aged 10-50) inside Sabarimala Temple
Saying that “Devotion cannot be subjected to gender discrimination”, the Supreme Court removed a ban that prevented women between 10 and 50 years of age from entering Kerala’s Sabarimala temple. Chief Justice Dipak Misra, Justice AM Khanwilkar, Justices Rohinton F Nariman and Dhananjaya Y Chandrachud concurred with each other while Indu Malhotra dissented saying that courts shouldn’t determine which religious practices should be struck down or not.
2. Aadhar Constitutional, But Conditions Apply
A five-judge bench of Supreme Court on September 26, 2018 ruled that Aadhaar was constitutional but making it mandatory for availing government services was unconstitutional. So, while Aadhaar-PAN linking is mandatory, banks and telecom companies cannot ask ask people to link their bank accounts and mobile numbers with Aadhaar. This is unconstitutional.
The bench termed the Prevention of Money Laundering Act (PMLA) Rules as well as the notification issued by Department of Telecommunications (DoT) in this regard as unconstitutional. It also means that banks and mobile phone companies can’t anymore insist on Aadhaar number to verify your details when you seek a new connection or open a new bank account.
3. Decriminalisation of Gay Sex – Partial Striking down of Section 377
The Supreme Court, in a landmark judgment which came out in early September, decriminalised gay sex holding that consensual sex between two adults was covered under the right to privacy.
A five-judge bench of the Supreme Court headed by CJI Dipak Misra partly struck down Section 377 of Indian Penal Code (IPC) holding it violative of the fundamental right to privacy. However, the Supreme Court said that Section 377 would continue to be in force in cases of unnatural sex with animals and children.
Any kind of sexual activity with animals and children remains a penal offence. The Supreme Court held that Section 377 of IPC was a weapon to harass members of LGBTQ-plus community resulting in discrimination against them.
4. Adultery Not a Crime
The Supreme Court unanimously struck down a 150-year-old law that considered adultery to be an offence committed against a married man by another man. Defined under Section 497 of the IPC, adultery law came under sharp criticism for treating women as possessions rather than human beings.
The Supreme Court declared Section 497 as unconstitutional. Adultery is no longer a crime but if it leads to someone committing suicide, the act will be treated as a crime – abetment to suicide.
5. Live Telecast of Supreme Court Proceedings
“Sunlight is the best disinfectant,” said the Supreme Court bench headed by Chief Justice Dipak Misra and ordered live-streaming and video recording of the court proceedings yesterday, September 26.
Chief Justice Dipak Misra and Justice AM Khanwilkar delivered a common judgment. Justice DY Chandrachud gave a separate but concurring judgment. The Supreme Court said that live streaming would bring in more transparency in judicial proceedings and effectuate the “public right to know”.
6. Reservation in promotion for SC/ST government employees
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.
7. Ram Janmabhoomi Masjid Issue
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.
8. Politicians with Criminals Antecedents
In its unanimous verdict, a five-judge bench led by Chief Justice Misra on Tuesday 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.
9. Triple Talaq
The Supreme Court banned a controversial Islamic practice of instant divorce as arbitrary and unconstitutional, in a landmark verdict for gender justice that will stop Muslim men calling off a marriage on a whim. The top court said Triple Talaq violates the fundamental rights of Muslim women as it irrevocably ends marriage without any chance of reconciliation.