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Landmark Verdict on Triple Talaq (2018)
Date: September 19, 2018
On September 19, 2018, the President of India promulgated an Ordinance - **The Muslim Women (Protection of Rights on Marriage) Ordinance 2018**. This landmark legislation effectively prohibited triple talaq (talaq-e-biddat), rendering such a practice void and illegal.
Key provisions of the Ordinance include:
- Triple talaq is made void and illegal.
- It is punishable by imprisonment for a term which may extend to three years, or a fine.
- A Muslim woman is entitled to a subsistence allowance from her husband.
- The woman retains custody of minor children.
- The offense is compoundable at the instance of the married woman with the permission of a Magistrate.
- No bail shall be granted to the accused without hearing the Muslim woman.
- Complaints can be filed directly with the Police Station.
This ordinance marked a significant step towards gender justice and protecting the rights of Muslim women in India.
Decriminalization of Consensual Homosexual Acts (2018)
Date: September 6, 2018
On September 6, 2018, the Supreme Court of India, in the case of Navtej Singh Johar Vs. Union of India (Writ Petition Criminal 76 of 2016), delivered a historic verdict regarding LGBT rights. The Court declared that Section 377 of the Indian Penal Code, insofar as it criminalizes consensual sexual acts of adults (persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution of India.
The Court's ruling emphasized that reading down Section 377 was necessary to exclude consensual sexual relationships between adults, whether of the same sex or otherwise, in private, to remove its inconsistency with Part III of the Constitution. The judgment famously stated: "History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries."
This decision recognized that homosexuality is a completely natural condition and that the misapplication of Section 377 denied LGBT individuals their Fundamental Right to equality (Article 14), non-discrimination (Article 15), and the right to live a life of dignity and privacy (Article 21). LGBT persons now deserve to live a life unshackled from the shadow of being 'unapprehended felons'.
Waiver of Waiting Period for Mutual Consent Divorce (2017)
Date: September 12, 2017
On September 12, 2017, the Supreme Court of India, in its judgment in **Amardeep Singh Vs. Harveen Singh** (Civil Appeal 11158 of 2017), held that the waiting period of six months prescribed in Section 13(B)(2) (Divorce by Mutual Consent) of the Hindu Marriage Act, 1955, was not mandatory and could be waived under certain circumstances.
This ruling provided a significant relief to couples seeking divorce by mutual consent, allowing for faster resolution of marital disputes when specific conditions are met and the court deems it appropriate to waive the waiting period.
Right to Privacy Declared a Fundamental Right (2017)
Date: August 24, 2017
On August 24, 2017, a nine-Judge Bench of the Supreme Court of India, in the case of **Justice K.S. Puttaswamy (Retd.) and others Vs. Union of India** (Civil Writ 494 of 2014), delivered a landmark judgment. The Court unanimously held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India, and as part of the freedoms guaranteed under Part III of the Constitution.
This historic decision recognized privacy as a fundamental right, subject to certain reasonable restrictions specified, relatable to that part of the Constitution. It has profound implications for data protection, surveillance, and individual liberties in India.