Latest 5 judgements of Supreme Court

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1. Lifting the ban on women entering the Sabarimala Temple (age 10-50) ;Saying that “Devotion cannot be subjected to gender discrimination,” the Supreme Court removed a ban that prevented women between the ages of 10 and 50 from entering the Sabarimala Temple in Kerala. Chief Justice Dipak Misra, Justice AM Khanwilkar, Justice Rohinton F Nariman and Justice Dhananjaya Y Chandrachud agreed with each other while Indu Malhotra disagreed that courts should not determine which religious practices should or should not be abolished.

2. Constitutional Aadhaar but conditions: A Supreme Court bench of five judges on September 26, 2018 ruled that Aadhaar was constitutional, but it was unconstitutional to make it mandatory to provide government services. So, while Aadhaar-PAN linking is mandatory, Aadhaar cannot be asked by banks and telecom companies to link their bank accounts and mobile numbers to people. 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.

3. Gay Sex Decriminalization — Partly Struck Down Section 377;In a landmark judgment issued in early September, the Supreme Court decriminalized gay sex holding that the right to privacy was covered by consensual sex between two adults. A Supreme Court five-judge bench headed by CJI Dipak Misra partially overthrew Section 377 of the Indian Penal Code (IPC) holding it in violation of fundamental privacy rights. However, the Supreme Court said that in cases of unnatural sex with animals and children, Section 377 would continue to be in force. Any kind of animal and child sexual activity remains a criminal offence. The Supreme Court held that IPC Section 377 was a weapon to harass LGBTQ-plus community members that resulted in discrimination against them.

4. Adultery is not an offense; Unanimously, the Supreme Court overthrew a law of 150 years that considered adultery an offense committed by another man against a married man. Defined under section 497 of the IPC, there was sharp criticism of adultery law for treating women as possessions rather than human beings. Section 497 was declared unconstitutional by the Supreme Court. Adultery is no longer a crime, but if it leads to suicide, it will be treated as a crime-suicide abetment.

5. Supreme Court Process Live Streaming;“Sunlight is the best disinfectant,” Chief Justice Dipak Misra’s Supreme Court bench said yesterday, September 26, ordering live streaming and video recording of court proceedings. A joint judgment was delivered by Chief Justice Dipak Misra and Justice AM Khanwilkar. 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”.

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