Current Affairs of 29 September 2018
Keshav Kishore, Published On:29-Sep-2018
Supreme Court Cases Special
1. Sabrimala Case
· Supreme Court allowed entering the women of all age group in Sabrimala temple of Kerala.
· The provision in Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 authorizes banning entry of Hindu women of 10-50 age group.
· Sabrimala temple is dedicated to Lord Ayyappa and it is managed by Travancore Devaswom Board (TDB).
· A group of 5 women lawyer challenged the rule under 3(b) of authorization of entry rule, 1965, which authorizes restriction of women of menstruating age.
· The petition was filed as lawyers sought it as violation of fundamental rights of Hindu women under article 14, 15 and 17 of Indian Constitution.
2. Adultery is no more offence now
· Section 497 of the Indian Penal Code (IPC) is no more valid according to a recent judgement of Supreme Court.
· Meaning of Adultery in section 497 is – “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”
· On the basis of article 14 and article 15 of the Constitution Supreme Court ruled that there must be equality for men and women as marriage in a constitutional regime is founded on the equality of and between spouses.
· Although Supreme Court decriminalized adultery provision under section 497 but it will remain the basis for divorce between spouses.
· The adultery provision discriminated women and considered women as property of man. With the verdict of Supreme Court the provision of discrimination against women has been scrapped.
· Justice Malimath Committee report suggested making section 497 gender neutral way back in March, 2003.
3. Decriminalization of homosexuality
· Firstly in the year 1994 an NGO, ABVA filed petition to repeal section 377 in the Delhi High Court.
· Naz Foundation filed a PIL (Public Interest Litigation) in 2001 in the Delhi High Court to scrap the British era law since 1862 which says homosexuality is a criminal offence.
· In the year 2009, Delhi High Court decriminalized homosexuality.
· In the year 2013, Supreme Court quashed Delhi High Court order of 2009.
· In the year 2015, Lok Sabha voted against the private member bill by Congress MP Shashi Tharoor to decriminalize homosexuality.
· In the year 2017, Supreme Court held- “Sexual orientation is an essential component of identity and the rights of LGBTQ persons are rights founded on sound Constitutional background.”
· In January 2018, Supreme Court admitted to review 2013 ruling of Supreme Court.
· On September 6, 2018, Supreme Court decriminalized homosexuality and it is no more offence under section 377 of Indian Penal Code (IPC).
Source: The Hindu, The Indian Express, PIB