PATH-BREAKING JUDGEMENTS MARK CJ MISRA’S TENURE

The outgoing Chief Justice of India Dipak Misra, who demits office on Monday, will go down in the history as one who brought in social reforms through his path-breaking judgements in the Sabarimala, Aadhaar, gay sex and adultery cases.

He leaves behind an indelible legacy as the SC rendered several judgements on all branches of law and commitment to human rights during his tenure. Monday is the last working day though his actual retirement date is October 2.

SABARIMALA VERDICT

THE SUPREME Court’s 4:1 ruling that the exclusionary practice violates the rights of women devotees establishes the legal principle that individual freedom prevails over purported group rights, even in matters of religion.

AADHAAR LAW

IN UPHOLDING the Aadhaar law and clarifying where it cannot be made mandatory, the apex court restored the original intent of the programme: to plug leakages in subsidy schemes and to have better targeting of welfare benefits.

GAY SEX

THE COURT’S message in de-criminalising gay sex by partially reading down Sec. 377 is that social morality can’t trump constitutional morality.

ADULTERY

IN DE-CRIMINALISING IPC Section 497 relating to adultery, CJI Misra laid emphasis on transformative constitutionalism, that is, treating the Constitution as a dynamic document that progressively realises various rights.

LEPROSY STIGMA

JUSTICE MISRA’S ruling that stigma attached to leprosy should be removed and they must be rehabilitated will go a long way in society’s thinking towards leprosy. It may mark the end to a culture of ostracisation.

COW VIGILANTISM

THE COURT said there can be no shadow of doubt that the law and order authorities in the states have the principal obligation to see that vigilantism does not take place.