The Honourable Supreme Court to the Rescue of INDIAN Democracy

The Supreme Court of India has a herculean task of enforcing the world’s lengthiest constitution. The fabric of Indian democracy is sensitively held and protected by our Indian judiciary. Free India has witnessed all sorts of political climate ranging from both right wing to left wing politics. In all times of challenging situations Supreme Court has rushed to keep all sorts of elements for democracy alive.

Battling against many tides Supreme Court has developed a coherent philosophy of textual interpretation, protects fundamental rights, started PIL –Public Interest litigation (mainly for the weak sections of the society).

The rich and varied jurisprudence of the Supreme Court in India reflects constitutional law in all its manifestations. It stands as the prime epitome of the preservative nature of constitutional rights. It stands as a classic use of constitutional law as a means to harmonize multiple differences.

PIL movements stands as the most remarkable mobilizations of the judicial resources on behalf of the poor in judicial history. PIL provides new model for courts trying to make the rule of law relevant to weakest sections of the society .

  1. The court has undeniably played a major role in protecting and sustaining democratic governance and the rule of law in India.
  2. Its jurisprudence is so rich and varied and institutional history so dramatic that it can be studied as the most important constitutional courts in the world.
  3. Protects India’s multi- culturalism

    multiculturalism
    inclusivity
  4. Protects religious pluralism

 

Some needed Bans for the betterment of the society:

  • Supreme Court bans sale of BS-III compliant vehicles from 1st April 2017
  • Apex court re-imposes ban on cracker sales in Delhi-NCR
  • Supreme Court bans four toxic chemicals from crackers Ahead of the festive seasons of Dussehra and Deepavali, the Supreme Court on Monday prohibited the use of five chemicals, labeled as toxic by the Central Pollution Control Board (CPCB), in the manufacture of firecrackers.
  • Ban sale of liquor on all National, State Highways from 1 April: Supreme Court
  • Age of marriage is 18 anything below to her is rape
  • Curbing the sale of Acid (2013) but sale is done in capital Delhi found on 9th of Oct 2017.
  • Scrapped ban on women entering temples such as Sabarimala temple in Kerala
  • Husband is not master of wife says Supreme Court on adultery

 

RECENT JUDGEMENTS TO FREE THE SECTIONS OF MINORITY FROM THE CLUTCHES OF PREJUDICES

 Decriminalizing gay sex and Section  repealing  377

A five-judge bench at the country’s highest court decriminalized homosexuality, striking down the 160-year-old law which deemed gay sex “against the law of nature”. In a historic judgement, 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.

democracy
freedom to love

 Case Speak: The law, established in 1861, was enforced to criminalize sexual activities that were against the order of nature, which at that point included homosexual activities. What is little known, however, is that it extends to any sexual union involving penile insertion? Thus, even consensual heterosexual acts such as fellatio and anal penetration may be punishable under this law. In 2009, in a landmark judgment the Delhi High Court scrapped section 377, citing it unconstitutional with respect to sex between consenting adults. However, the celebrations, and respite, were short-lived when in a bizarre turn of events the judgment was overturned by the Supreme Court of India. It ruled that Section 377 in the Indian Penal Code will continue making gay sex “irrespective of age and consent” an offence punishable with a sentence up to life term and put the onus on Parliament to consider the desirability and propriety of deleting Section 377 from the statute book or amend it.

Right To Privacy is a Fundamental Right.

Settling the decade’s 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 Karak Singh cases.

 Triple Talaq Unconstitutional

It was a victory for the Muslim minorities. Supreme Court of India declared the practice of Triple Talaq as unconstitutional by a 3:2 majority. The Justices in the bench considered that instant Triple Talaq is unconstitutional and violative of Article 14 (Right to Equality)

 Sex with Minor Wife Is Rape

child marriages are rampant in the Indian society. With such a progressive judgment of Supreme Court which declared that sexual intercourse with minor (below 18 years) wife is rape. Justice Deepak Gupta in his Judgment Clarified that Section 198(6) of the CrPC will apply to cases of rape of “wives” below 18 years.


Guidelines to Reduce Road Accident Deaths

In a callous country like India, road accidents are the number one killer. It can be curbed by following the Supreme Court guidelines. It aims to reduce the number of deaths that occur as a result of road accidents.  These guidelines provide the much detailed work both to the civil and governing society. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta noted that the number of deaths due to road accidents in the country is said to be estimated over 100,000 a year which translates to one death every 3 minutes. It is very much avoidable if the rules are followed by all.

 Setting up the Vishakha Guidelines for dealing with sexual harassment of women at the workplace

Gang rape of Bhanwari Devi by five landlords in the state of Rajasthan led to a major public outcry. She was merely doing her government duties by raising her voice against child marriage. Bhanwari Devi was a Saathin worker for the Rajasthan government. This heinous crime resulted in the formulation of the Vishakha guidelines. None of the accused were ever charged. These Vishakha guidelines are very important in the wave of #MeToo movement.

 

Recognizing transgender persons as a third gender

In April 2014, the Supreme Court 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 Supreme Court, “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.

Introduction of NOTA on EVMs

Inspite of the government’s opposition in Sep, 2013 the honorable Supreme Court ruled that the right to register a ‘none of the above’ vote in elections should apply. It ordered the Election Commission to provide a button in the voting machines to provide them this option. Hence a unique symbol for NOTA was introduced in the year 2015 due to the Supreme Court ruling.

2018 has indeed been a year of landmark changes. This year now has witnessed another change as the CJI has been taken up by Justice Ranjan Gogoi of Assam on October 3, 2018.

Hoping for all positive changes for the community from the Indian judiciary.