1. Sabarimala
open to women after 27 years
Considered
one of the holiest Hindu temples in the country, Sabarimala is located at the
Periyar Tiger Reserve in Kerala. For the last 27 years, the temple has not been
open to menstruating women (between the ages of 10 and 50). On September 28,
the Supreme Court lifted this ban imposed by the Kerala High Court. The
five-judge bench led by former Chief Justice Dipak Misra said,
“The dualism
that persists in religion by glorifying and venerating women as goddesses on
one hand and by imposing rigorous sanctions on the other hand in matters of
devotion has to be abandoned. Such a dualistic approach and an entrenched
mindset results in indignity to women and the degradation of their status.”
2. Husband
no longer wife’s master; adultery not a crime
Just a day
before the Sabarimala verdict, the apex court struck down the colonial-era law
of adultery. Section 497 of the Indian Penal Code stated that a woman could be
punished for adultery, as could a man who has consensual sexual intercourse
with another man's wife without his consent.
The apex
court declared the law unconstitutional as it treated the husband as the master
of his wife.
Chief Justice
Dipak Misra read, "Any provision of law affecting individual dignity and
equality of women invites the wrath of the constitution. Legal sovereignty of
one sex over other sex is wrong."
3. Link
your Aadhaar? No more.
On September
26, a five-judge bench of the Supreme Court scrapped Section 77 of the Aadhaar
Act. After 31 petitions challenged the validity of Aadhaar and said that it
violated a citizen’s privacy, the court declared that while Aadhaar was
constitutional it was, however, unconstitutional to make it mandatory for
availing government services.
The verdict
barred several private entities from asking customers to verify themselves
using Aadhaar to avail their services.
4. See
court proceedings live
On September
26, a bench led by CJI Dipak Misra stated, “sunlight is the best disinfectant”,
and said that all future proceedings of national and constitutional importance
will be streamed live.
But, to
ensure protection and privacy, it also added that cases related to matrimonial
and where a child is involved like Protection of Children from Sexual Offences
cases will be excluded.
5. No
more 377 - Same-sex love is not a crime
CJI Dipak
Misra also led the bench that scrapped Section 377. The bench stated it to be
‘irrational, indefensible and manifestly arbitrary'.
The historic
ruling stated,
“The natural
identity of an individual should be treated to be essential to his being. What
nature gives is natural. That is called nature within. Thus, that part of the
personality of a person must be respected and not despised or looked down
upon.”
6. ‘Love
Jihad’
In 2016,
Hindu woman Hadiya Jahan converted to Islam and married Shafin Jahan, sparking
a controversy when her father claimed that her daughter was brainwashed by
extremist groups.
The issue
escalated to Kerala High Court on January 19, 2016, that declared the marriage
to be “only a sham”, and “a charade to force the hands of the court”. Hadiya’s
custody was given to her father as the HC stated that she was incapable of
taking her own decisions. But, things changed this year.
On March 8
this year, the case was heard by the Supreme Court and the final judgment came
in Hadiya’s favour as the bench concluded that it was her choice to choose to
live with whoever she wishes to.
7. The
fundamental right to die
On March 9, a
five-judge bench led by CJI Dipak Mishra held the right to life includes the
right to die with dignity. The apex court decided passive euthanasia should be
allowed for withdrawal of life support for terminally ill patients or patients
in a permanent vegetative state.
In doing so,
the court ensured that an individual’s right to die with dignity is more
important than the state’s interest in ‘preserving the sanctity of life’.
