supreme court of india judgment 2018
upholding the marriage Hadiya and Jahan
In May 2017, Kerala High Court annulled the marriage Hadiya and Shafin on the basis of a complaint by her parents that she had been brainwashed into converting to Islam. Hadiya was 25 years old at the time, an adult who had the right to choose who she wanted to marry, despite the deafening cries of ‘Love Jihad’from the minds of the regressive and conservatives. In March 2018, the SC restored Hadiya’s marriage and annulled the Kerala HC’s draconian order.
Declaring the Right To Privacy as a Fundamental Right
On August 24th, 2017, a nine-judge constitutional bench declared that the Right to privacy is a fundamental right,that it is intrinstic to life and liberty and is protected under Article 21 of the constitution. While it hasn’t as yet dissuaded the entire AADHAAR debacle from taking over our lives ,it was most definitely a step in the right direction and a signal of hope.
Recognizing transgender persons as a third gender
In April 2014, the SC created the ‘third gender’ status for hijras or transgenders, as they were earlier forced to write male or female against their gender. According to the SC, the absence of law recognizing hijras as the third gender could not be continued and as a ground to discriminate dream in availing equal opportunities in “education and employment”.
Declaring instant triple talaq unconstitutional
Hemant in 2016, 35 years old shayara Bano challenge the practice of critical colour after her husband of 15 years divorced her. In 2017, desi declared the practice of triple Talaq as unconstitutional buy a 3:2 maturity. Justices Nariman and Lalit health that instant typical Talaq is unconstitutional, wine justice Joseph struck down the practice on the ground that it goes against sariat and the basic tenets on the Quran.
Declaring that passive Euthanasia is permissible
In March 2018, if five-judge constitution bench, headed by chief justice Deepak Mishra give legal sanction super scene euthanasia, permitting ‘living well’ by the patient on withdrawing medical support if they sleep into an irreversible coma, the SC held that the right to die with dignity is a fundamental right.
Deeming sexual relation with a minor wife as rape
In October 2017, the apex court ruled that having intercourse with the minor wife will be considered as rape. Highlighting the injustice meted out to the scores of minor girls who are married of before they turn 18, justice Madan lokur said, “A child remains a child whether she is a married child or an unmarried child or a divorced child or a separate or any widowed child.”
Decriminalizing gay sex and repairing section 377
If five-judge bench and the country’s highest court decriminalized homosexuality, striking down the 160 yards old law which deemed gay sex “against the law of nature”. Any historical meant, which drew cheers from across the nation, the judges scrapped section 377 and proclaimed that each individual has an equal right to love whoever they want to.
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