LIST OF IMPORTANT JUDGEMENTS OF SUPREME COURT IN 2018 AND

LEGAL G.K.

Decriminalisation of section 377

In a landmark judgment, the Supreme Court on 6 September 2018

decriminalised homosexuality.The five-judge SC bench's decision to make gay
sex legal has restored the LGBTIQ community members' faith in the Indian
judicial system. While many take a sigh of relief that "they would not be seen
as a criminal", Shashi Tharoor feels we all should "savour this victory".

The Supreme Court decriminalised homosexuality between consenting adults

by declaring Section 377, the penal provision which criminalised gay sex, as
"manifestly arbitrary".

Reservation in promotion for SC/ST government employees

The Supreme Court turned down an appeal to reconsider its own earlier order
that had rejected the idea of reservations for Scheduled Castes (SCs) or
Scheduled Tribes (STs) in government job promotions on September 26.

Validity of Aadhaar

The Supreme Court upheld the validity of Aadhaar on September 26, 2018 and
struck down Section 57 of Aadhaar Act. It said, private companies cannot ask
for Aadhaar. It won't be mandatory for opening of bank accounts, mobile
connections.

Ram Janmabhoomi-Babri Masjid

The Supreme Court turned down two pleas in the Ayodhya case on September
27, 2018. One that directly deals with the way the disputed land was split
according to the 2010 Allahabad High Court ruling, and another that would
have had a direct impact on the Supreme Court's final verdict in the case.

Adultery

In a historic judgement, the Supreme Court quashed adultery as a criminal

offence in India. The court underlined that Section 497 treats women as
properties of their husbands and is hence manifestly discriminatory. It trashed
the central government's defence of Section 497 that it protects the sanctity of
marriages.
Sabarimala verdict

The Supreme Court lifted centuries' old prohibition of women between ages 10
and 50 from entering Sabarimala temple in Kerala on Friday. "The practice in
Sabarimala temple violates the rights of Hindu women. It has to be in harmony
with the Constitution" said Chief Justice of India Dipak Misra.

Bhima Koregaon arrest

In a setback for activists, the Supreme Court ordered an extension of the house
arrest of activists for four more weeks on September 28, 2018.

Live streaming of court hearing

The Supreme Court on Wednesday decided to bring its courtroom proceedings

under public glare by agreeing to live-streaming of court functioning, paving
the way for people to watch the courtroom drama live as it unfolds on
September 26, 2018.

Politicians with criminal antecedents

In its unanimous verdict, a five-judge bench led by Chief Justice Misra on

Tuesday left it to Parliament to bar lawmakers facing trial for heinous and
grievous offences from contesting elections by enacting a "strong law", while it
observed that the criminalisation of politics is a bitter manifest truth and a
"termite" to the citadel of democracy.

Refusing to put a ban on candidates with criminal antecedents from entering

the poll fray, the court said the law should also make it mandatory for political
parties to revoke the membership of candidates facing serious criminal cases.

Triple Talaq

The Supreme Court on August 22, 2017 banned a controversial Islamic

practice of instant divorce as arbitrary and unconstitutional, in a landmark
verdict for gender justice that will stop Muslim men calling off a marriage on a
whim.

The top court said Triple Talaq violates the fundamental rights of Muslim
women as it irrevocably ends marriage without any chance of reconciliation.

Right To Privacy Is A Fundamental Right

Settling the decades long debate on the issue of the right to privacy being a
fundamental right, the Supreme Court held that right to privacy is protected
under Article 21 of the Constitution of India. In a unanimous decision, a nine -
Judge Constitution Bench overruled the judgments in MP Sharma and Kharak
Singh cases. The Petitions were disposed of in the following terms :

The decision in M P Sharma that privacy is not a fundamental right stands

overruled.

The decision in Kharak Singh that privacy is not a fundamental right stands
overruled.

Right to privacy is protected as intrinsic part of right to life and liberty.

All decisions subsequent to Kharak Singh makes the position clear and will
hold the field.

Right To Privacy Is A Fundamental Right Settling the decades long debate on

the issue of the right to privacy being a fundamental right, the Supreme Court
held that right to privacy is protected under Article 21 of the Constitution of
India. In a unanimous decision, a nine -Judge Constitution Bench overruled
the judgments in MP Sharma and Kharak Singh cases.

Sex With Minor Wife Is Rape

High Court Of Andhra Pradesh Notified To Function From Jan 1 2019 At

Amaravati

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At

Children’s Court: Bombay HC

Union Law Minister Ravi Shankar Prasad Advocates For SC/ST Quota In
Judiciary

India Joins 25 Nations Where Homosexuality Is Legal

SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants

Can’t Be Arrested Without Prior Sanction.

Placing Ordinance Before Legislature Mandatory; Re-Promulgation Fraud On

The Constitution justify. A seven Judge Constitution Bench of the Supreme
Court inplacing-ordinance-legislature-mandatory-re-promulgation-fraud-
constitution-sc-7-judge-bench "Krishna Kumar Singh v. State of Bihar held
that re-promulgation of ordinances is a fraud on the Constitution and a
subversion of democratic legislative processes. The court also held that the
satisfaction of the President under Article 123 and of the Governor under
Article 213 while issuing ordinances is not immune from judicial review.
Justify ;"With regard to the question of placing the Ordinance before the
Legislature, the majority judgment authored by Justice D.Y. Chandrachud held
that the requirement is mandatory. Justice M.B. Lokur, however, opined that it
is directory in nature. Further, Chief Justice of India T.S. Thakur, in his
separate concurring opinion, observed, I would, in that view, leave the question
of interpretation of Articles 123 (2) and 213(2) in so far as the obligation of the
Government to place the ordinance before the Parliament/legislature open

Criminal Conspiracy Charges Restored Against LK Advani And Others...

Can’t Direct Video Conferencing In Transfer Petitions.

The Supreme Court overruled the directions issued in the case of Krishna Veni
Nagam v. Harish Nagam, observing that if proceedings are directed to be
conducted through videoconferencing, “the spirit of the 1984 Act will be in peril
and further the cause of justice would be defeated.

Directives To Prevent Misuse of Section 498A of IPC...

A two Judge Bench of Justices AK Goel and UU Lalit.

Accused Is Entitled To Default Bail After 60 Days For Offences Punishable

With ‘Imprisonment Up To 10yrs’

handcuffing and solitary confinement are prohibited. ...

Justices Madan Lokur and Dipak Gupta ...

Live-streaming Of Supreme Court Proceedings

Supreme Court said live streaming of court proceedings will bring

transparency. (Photo: Reuters)

"Sunlight is the best disinfectant," said the Supreme Court bench headed by
Chief Justice Dipak Misra and ordered live-streaming and video recording of
the court proceedings yesterday, September 26.
Chief Justice Dipak Misra and Justice AM Khanwilkar delivered a common
judgment. 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".

Upholding the marriage of Hadiya and Shafin Jahan

In May 2017, the 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 regressives and conservatives. In March 2018, the
SC restored Hadiya's marriage and annulled the Kerala HC's draconian order.

Setting up the Vishakha Guidelines for dealing with sexual harassment of

women at the workplace

The precursor to the Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013, the Vishakha Guidelines were introduced
in 1997. It came about as a result of the atrocious treatment meted out to
Bhanwari Devi, who was gangraped by 5 landlords after she tried to prevent to
prevent child marriage as part of her government duties. None of the accused
were ever charged.

Recognising 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, "absence of law recognizing hijras as third gender
could not be continued as a ground to discriminate them in availing equal
opportunities in education and employment."

Disqualification of convicted representatives in India

In July 2013, the Supreme Court, in its judgement of the Lily Thomas v. Union
of India case, ruled that any Member of Parliament, Member of the Legislative
Assembly or Member of a Legislative Council who is convicted of a crime and
given a minimum of two year imprisonment, loses membership of the House
with immediate effect. Rasheed Masood was the first to go after being charged
with corruption.
Introduction of 'None of the Above' option on EVMs

While the government was opposed to this, in September 2013, the SC ruled
that the right to register a 'none of the above' vote in elections should apply,
and ordered the Election Commission to provide such a button in the EVMs. In
2015, the specific symbol for NOTA was introduced.

Revision of Section 66A which allowed arrests based on online content

We've all been witness to some of the most bizarre arrests in recent times,
based on issues like people posting memes about Modi and Hindutva in
general. In 2015 however, the SC struck down the controversial section 66A as
unconstitutional. Section 66A of the Information Technology Act allowed
arrests for objectionable content posted on the internet.

Declaring that passive euthanasia is permissible

In March 2018, a five-judge Constitution Bench, headed by Chief Justice Dipak

Misra gave legal sanction to passive euthanasia, permitting 'living will' by
patients on withdrawing medical support if they slip into irreversible coma. The
SC held that the right to die with dignity is a fundamental right.

Madhavi Divan appointed as the new Additional Solicitor General.

Supreme Court gives Clean Chit to NDA Government over Rafale Deal.

The bench consists of Ranjan Gogoi as chairman and other two members S K
Kaul and K M Joseph, gave clean chit on issue of procurement of Rafale jets
from France. The litigation had questioned the deal on the ground of pricing
mechanism, commercial favoritism and procurement of less number of fighter
jets.

SC approves Centre’s Witness Protection Scheme.

Long cohabitation is presumed marriage: SC.

Justices Hemant Gupta, R. Subhash Reddy, M R Shah and Ajay Rastogi

were sworn in as judges of SC on nov 3rd 2018.
Supreme Court judge Madan Bhimarao Lokur appointed Executive
Chairman of NALSA.

Reservations in Promotions: Centre gets go ahead from SC:

The Supreme Court has allowed Centre to go ahead with reservation in

promotion for SC/ST employees as per the law.

Supreme Court approves draft Cauvery Management Scheme:

The scheme deals with release of water from Karnataka to Tamil Nadu, Kerala
and Puducherry. It will be implemented by Cauvery Management Authority
(CMA)

Indu Malhotra: First woman lawyer to sworn in as Supreme Court judge.

Foreign law firms can’t practice in India, but their lawyers can advice: SC:

The Supreme Court held that foreign law firms cannot set up offices and their
lawyers cannot practise in India but they can give legal advice on foreign laws.

Death penalty should stay: 12 out of 14 states/UTs:

The 12 out of 14 states/UTs have replied to Home Ministry that capital

punishment or death penalty should stay, as it serves to act as deterrent in
cases such as murder and rape.

Supreme Court allows passive euthanasia, living will.

The Supreme Court (SC) allowed passive euthanasia and right to give advance
medical directives or ‘Living Wills’, stating that human beings have the right to
die with dignity as part of fundamental right, but made sure to set out strict
guidelines that will govern when it is permitted.

Khap Panchayats can’t interfere in marriages of adults: Supreme Court:

The Supreme Court held that every adult has right to marry anyone and
nobody including parents, khap panchayats or similar associations can
question their choice of spouse.
Supreme Court stays High Court verdict against 85% pictorial warning on
tobacco.