Top 10 jaw-dropping historic judgments of the Supreme Court of India - India Parenting Tips - To deal with common parenting issues

Friday, September 28, 2018

Top 10 jaw-dropping historic judgments of the Supreme Court of India

I got my jaw dropped when I read the latest verdict of the Supreme Court today. If that’s the case with you then I am sure you should consider reading this article on the top 10 judgments of the Supreme court, India that has shocked the world.
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The Supreme court of India is considered as the highest court of justice, completely unbiased, impartial, objective, and of course noble and incorruptible (I mean that is what we hope for) upholder of justice. Here are some historic judgments of Supreme court that in the recent past including the latest one that has been passed today. I shall count backward this time.

Top 10 jaw-dropping historic judgments of the Supreme Court of India:

#10. Endorsing & Sustaining marriage of Hadiya and Shafin Jahan

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The Kerala high court, in May 2017, had annulled a marriage that has taken place between a Hindu girl (now called Hadiya) who had converted to Islam and got married to a Muslim man called Shafin Jahan. The complaint was made by the girl’s parents who said that the girl was brainwashed to get converted to Islam. In the current political and social environment where ‘love jihad’ and ‘Islamophobia’ is a common trend, the Supreme Court's verdict in March 2018, confirming and endorsing the marriage conducted between two consenting adults deserves to be listed in the top 10 list of historic statements of Supreme Court of India.

#9. Cohabitation is no longer an offense

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Cohabitation is no longer an offense

Adult couples in India can now live in peace and cohabit a place to stay together. As per the latest judgment of the Supreme Court of India cohabitation between young adult couples are a legal right and a choice of an individual. It cannot be termed as ‘walk in and walk out relationship.’ The court upheld that live –in a relationship has a legislative sanction and has even found to be listed under the provision for Protection for Woman from Domestic Violence Act of 2005. For example, the 
Supreme Court’s verdict on a 20-year-old Kerala woman whose marriage was annulled was allowed to choose to live with whoever she wanted is a clear proof.

#8. Right to Privacy is included as a Fundamental Right

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Right to Privacy is included as a Fundamental Right

It was on August 24, 2017, that a constitutional bench of nine-judges declared that the Right to Privacy is an intrinsic part of the fundamental right of the citizens of the country and is protected under Article 21 of the Indian Constitution. While this is no doubt is a very good move in ensuring that the privacy of the individuals is not infringed, it still does not answer the Aadhar debacle that we all go through now a day. For everything and anything, we are asked to show our Aadhar card as proof of our identity and genuineness. I tried to purchase online on Facebook the other day and I had asked the seller to send me the product through cash on delivery and got shocked to hear that he actually asked me to send me a scanned copy of my Aadhar card to ensure that I am a genuine buyer. That was really funny!

#7. Sexual harassment of women in the workplace

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Sexual harassment of Women in the workplace

The Vishakha guidelines were introduced in the way back in 1997. These were a set of guidelines that protected women against sexual harassment in the workplace. It came about after an unfortunate incidence of gang rape took place on Bhanwari Devi who was merely performing her duty to prevent child marriage. This was further superseded in 2013 by the Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act.  However, none of the accused men was charged for that crime even today. Moreover, women, even today face various incidences in their workplace that clearly fall under sexual harassment that remain unnoticed and unattended.

#6. Recognizing the Third Gender

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Recognizing the Third Gender and Homosexuality

This was one of the highly laudable verdicts of the Supreme Court in recognizing the rights of the third gender, the transgender. This was long due. In April 2014, the Supreme court of India made a welcome move of creating a status of ‘third gender.’ (NALSA). In 2016 two petitions were filed urging the Supreme court to reassess the constitutionality of Section 377 of the constitution. That was the first time we could hear voices being raised from the transgender community so long muted to seclusion. Then in 2017 in the case of Puttaswamy vs Union of India, the Supreme court said that certainly there is a right to privacy, right to life, freedom, and equality that cannot be denied to trans genders. It went further to state that there is no doubt about privacy, sexual orientation, and gender identity that could not be denied. In the 
Navtej Johar judgment, the Supreme court in 2018 has made a landmark move that decriminalizes all kinds of consensual sex among adults in private that also includes homosexual sex.

#5. The Triple Talaq Ban

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The Triple Talaq Ban

Have you watched the movie Nikah?
Well, that was a famous movie on marriage and divorce which spoke on triple talaq in a public platform. Another television serial that I could think of was Heena that I had watched when I was in my junior school maybe. But I remembered clearly the verdict that could be pronounced by only men through which they could banish a woman they no longer wanted to live with. It was simple and easy from the man’s side to decide suddenly and pronounce triple talk and get rid of the woman in their life. That was so Sexist. Biased, un-Islamic, and patriarchal of course. Thankfully the Supreme court of India has banned triple talk in spite of so many oppositions. In 2017 it was declared by the highest court of Justice in India that triple talaq is unconstitutional.

#4. ‘None of the Above’ as an option on EVM

In spite of the opposition from the ruling government, the Supreme Court of India held high its verdict on introducing ‘none of the Above’ as an option in Electronic Voting Machine (EVM) which is again a bold move of the court. In 2015, a specific symbol for NOTA was launched.

#3. Section 66A revised

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Section 66A revised- No More Bizzare ARRESTS
Recently we all have surely witnessed some of the bizarre arrests on online content like people getting arrested because of some online statements, comments, or posting some memes. The Supreme Court of India had taken a strong move against such odd arrests and moves based on online content by striking down section 66A of the law as unconstitutional. Above all, it was infringing the right to freedom of the people! That’s what I feel.

#2. Having Sex with your minor wife with or without consent is rape

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Having Sex with your minor wife with or without consent is rape

Marrying a minor girl does not permit one to have intercourse with her. The age of the girl does not change after getting married for God’s sake! Therefore, in 2017 the Supreme Court of India ruled that having intercourse with a minor wife would be considered as rape as justice Madan Lokur rightly said: “a child remains a child whether she is a married child or divorced child or a separated or a widowed child.”

#1. Adultery is not a Criminal Offence 

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Adultery is not a Criminal Offence

Much to the utter shock and a bolt out of the blue statement was the Supreme court’s verdict today in decriminalizing adultery. When I heard this first I was also thunder stuck thinking if indirectly we are trying to say that it is okay to cheat your spouse! Well, that was surely an overstatement. I will tell you why.

On Thursday, September 27, a five-judge constitution bench headed by chief justice Deepak Mishra ruled out section 497 of the Indian Penal Code (IPC) which deals with adultery. It is no longer considered a criminal offense.

Top 3 reasons why this verdict is long due and why section 497 should be rightfully decriminalized

  1. This law is archaic and based on the age-old convention of patriarchal society.
  2. This law is against Article 14 and 21 of the constitution which ensures the right to equality and Right to life and personal liberty as it only penalizes the man committing sexual relationship.
  3. This stops the Sexist and patriarchal practice wherein according to this law if a man commits a sexual relationship with a married woman without the consent of the husband he is punishable as a criminal offense. Just read between the lines. What do you mean by the consent of the husband? Are women commodities to belong to an individual. A man? For God’s sake, this seems like law from prehistoric or Palaeolithic age!

Having said that it does not mean that the wrongfulness of adultery is encouraged. As the lone woman judge Justice Indu Malhotra rightfully said the criminal section could be justified for the fact it is a public crime and there is an element of public wrong whether it is in the community or any social groups.

It is to be noted that adultery still remains to be a valid ground of divorce but it has stopped to remain a criminal offense owing to the above reasons that I have stated.

In conclusion, it is to be stated that the court should definitely give us some clarity of how decriminalizing section 497 actually helps to give justice to women whether it is halala marriage or triple talaq or simply abandonment and polygamy by men, I still wonder if this historic verdict would be able to clarify and answer these questions and doubts in our minds.

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Happy Parenting!



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