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The Good and Bad 35 Judgements 2018
The Good and Bad 35 Judgements 2018
The year 2018 saw two CJIs- Former CJI Dipak Misra and
the Current CJI Ranjan Gogoi. The constitution benches
headed by Justice Misra, during his last month as CJI,
delivered most of the significant judgments of this year-
Sabarimala, Aadhaar, Homosexuality, Adultery, etc. The
year ended with Rafale judgment by CJI Gogoi headed
bench, which generated diverse responses in political
circles.
1. SABARIMALA
DEVOTION CANNOT BE SUBJECTED TO GENDER DISCRIMINATION,
WOMEN ENTRY ALLOWED IN SARIMALA BY 4:1 MAJORITY; LONE
WOMAN IN THE BENCH DISSENTS
[Indian Young Lawyer’s Association & Ors. V. State of Kerala & Ors.]
The Supreme Court delivered one of the most keenly
awaited judgment in Sabarimala case. by a 4:1 majority,
the Court has permitted entry of women of all age groups
to the Sabarimala temple, holding that ‘devotion cannot
be subjected to gender discrimination’. The lone woman
in the bench, Justice Indu Malhotra, dissented.
2. HOMOSEXUALITY
157-YEAR-OLD LAW CRIMINALIZING CONSENSUAL HOMO-SEXUAL ACTS
BETWEEN ADULTS STRUCK DOWN; SECTION 377 IPC HELD
UNCONSTITUTIONAL TO THAT EXTENT
[Navtej Singh Johar& Ors. V. Union of India]
3. AADHAAR
SECTIONS 33(2),47& 57 OF AADHAAR ACT STRUCK DOWN; NATIONAL
SECURITY EXCEPTION GONE; PRIVATE ENTITIES CANNOT DEMAND
AADHAAR DATA
[Justice K. S. Puttuswamy (Retd.) and Anr V Union of India & Ors.]
The judgment authored by Justice AK Sikri, which has
concurrence of Chief Justice Dipak Misra and Justice AM
Khanwilkar, read down some of the provisions of the
Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act 2016, struck down
a few but significant ones (mainly Section 33(2), 47 and
57), and upheld the rest.
4. ADULTERY
‘HUSBAND IS NOT THE MASTER OF WIFE’, 158 YEAR OLD ADULTERY
LAW UNDER SECTION 497 IPC STRUCK DOWN
[Joseph Shine V. Union of India]
5. EUTHANASIA
RIGHT TO DIE WITH DIGNITY A FUNDAMENTAL RIGHT, PASSIVE
EUTHANASIA AND LIVING WILL ALLOWED, GUIDELINES ISSUED
[Common Cause (A Regd. Society) V. Union of India & Anr]
8. HADIYA
‘Right To Change Of Faith Is Part Of Fundamental Right Of
Choice’:
[Shafin Jahan V. Ashokan K. M. & Ors]
9. AYODHYA
Observations In 88Ismail Faruqui Need To Be Viewed In
Context Of Land Acquisition Proceedings; Not Relevant In
Ayodhya Title Dispute
[M. Siddiq (D) THR LRS..Mahant Suresh Das & Ors.]
11. RAFALE
Petitions Seeking Probe In To Rafale Deal Dismissed
[Manohar Lal Sharma V. Narendra Damodar Das Modi & Ors.]
12. LYNCHING
Horrendous Acts Of Mobocracy Can’t Be Allowed Become New
Norm: Lynching Incidents Condemned; Directions Issued
[Tehseen S. Poonawalla V. Union of India & Ors.]
In a landmark judgment Supreme Court of India
condemned the lynching incidents across the country.
The Bench headed by Chief Justice Dipak Misra said the
horrendous acts of mobocracy cannot be allowed to
become a new norm in the Country.
13. FIRECRACKERS
Complete Ban On Sale Of Firecrackers Refused; Online Sale
Banned; Duration For Bursting Crackers Fixed
[Arjun Gopal & Ors. V. Union of India & Ors.]
25. KATHUA
The Trial Of Kathua Rape And Murder Case Transferred To
Pathankot Sessions Court, Punjab
[Mohd. Akhtar V. State of Jammu & Kashmir]
35. CAUVERY
The State of Karnataka Directed to release 177.25 TMC of
water, instead of the 192 TMC, to the state of Tamil Nadu
[State of Karnataka vs. State of Tamil Nadu]