INTRODUCTION

Undoubtedly, 2018 has been a great year filled with so many positive changes in the society.  2018 turned out to be a year which has regained the trust of people in the Indian Judicial system. Keeping aside all the long- existing stereotypes and unnecessary religious and social practices, the Court has given landmark judgments that have made their pace in Indian History.

Beginning with the recent changes and amendments brought in the penal provisions and norms of the Indian religious system.

Here is the list of all the landmark cases decided in 2018. The list is:

1. UPHOLDING THE VALIDITY OF DEATH PENALTY

The recent petition filed before the Supreme Court, in which the Court with the majority ratio of 2:1 upheld the validity of the death penalty. The Court stated that there is no need for further debates on the validity of the death penalty. The  cases of Macchi Singh and Bachan Singh justifies the facts of the death penalty.

2. CONSTITUTIONAL VALIDITY OF AADHAAR

The five–Judge bench of the Hon’ble Supreme Court cleared that, AADHAAR is a unique identity proof of every individual. However, it is not mandatory everywhere. The Court ruled that AADHAAR contains the personal information of an individual. However, linking it everywhere somehow infringes the right to privacy of an individual. Hence, keeping in mind the necessity and welfare of the citizens, the Court has passed the order for which the AADHAAR is mandatory and cases where it is not mandatory.

3. ENTRY OF WOMEN IN SABARIMALA TEMPLE

The Ayyappa temple of Sabarimala in Chennai is one of the holiest temples. For the last 27 years, there was a ban on the entry of menstruating women aged between 10 to 50 years in the premises of the temple. Breaking down the religious stereotype, the Court has lifted the ban on the entry of women in the temple. Where, on one hand, we worship women Goddess and on the other, women are the ones who may not enter the temple.

The bench headed by the then CJI Dipak Misra said, “Devotion is not subject to gender discrimination”.

4. DECRIMINALIZATION OF SECTION 377

The Court in the landmark judgment has made the same sex love legal. The bench headed by the then CJI, Dipak Misra has partly struck down the section 377 of the Indian Penal Code, which earlier provided punishment for having any kind of sexual activity with the person of the same sex. The Court held that the penal provision was violating the right to privacy of an individual.

The Court held that consensual sex between two adults of the same sex is legal. It also clears the confusion and says, it covers this concept under Article 21- the right to privacy.

However, the essence of section 377 will be still in force if there is any kind of forceful or unnatural sexual activity with animals and children.

5. ADULTERY NOT A CRIME

The five Judge bench of the Supreme Court has struck down the age-old law. It considered adultery as an offence, committed against a married man by another man.  The Hon’ble Supreme Court has declared Section 497 as unconstitutional. It was such a law against both the sexes. Women were more considered as the property of the man and in cases, where the man was innocent, he had to suffer the consequences even if the woman committed the act on him.

A woman was never subject to punishment under section 497. Although this section is now unconstitutional, it still has its essence in the penal provisions. It still considers adultery as a valid ground for divorce and if any woman commits suicide, in those cases also, it will hold the man liable to punishment.

6. LIVE STREAMING OF THE PROCEEDINGS OF THE SUPREME COURT

India being a democratic country follows the principle of natural justice and a fair trial of the parties. Supreme Court is the apex judicial body in India. It passes all the judgments relating to the constitutional matters and  the appeals filed before it. The judgment is final and every person shall abide by it.

The issue arose when the entry of interns was not allowed in the Supreme Court Premises on the Mondays’ and Fridays’ considered as the miscellaneous days of the week.

The court hears the fresh matters and PIL’s on these days. It is the right of the law students to attend the proceedings. Further, a Senior lawyer filed a petition regarding the issue of transparency.

After hearing the parties, the court decided that all the matters related to public interest and welfare of the public will be live streamed to the public.

This would help in increasing the trust of the public in the Judicial System and will surely enhance the aspects of transparency in the matters brought before the court.

CONCLUSION:

By the end of 2018, the Hon’ble Supreme Court has passed major and much-awaited landmark Judgments. These were long-awaited judgments, which was actually required in a country like India. Moving further with the end of this year and new beginnings, let’s hope with what new changes the court will come up.