Validity of the Aadhar Scheme, entry of women in Sabarimala temple await verdict before CJI retires

The Supreme Court will be handling a slew of pending cases before the retirement of Chief Justice of India Dipak Misra on October 2, 2018. These cases include key contentious cases which will prove to be politically decisive.

CJI Misra, during the course of his service  headed several benches. All the cases before such benches should be brought to conclusion before his impending retirement.

Among the cases, is the crucial judgement on the validity of the Aadhar Scheme. The government is ambitiously pushing to make the card compulsory to avail most government services.

Another case is associated with the entry of women in the Sabarimala temple. The Kerala temple prohibits women aged between 10-51 years to enter the premises of the temple of Lord Ayyappa. Gender rights activists allege that this violates the fundamental right to equality, non-discrimination and liberty.

A CJI led constitution bench has to examine whether the archaic pre-Independence adultery provision (Section 497) should go. The objection of the petitioner is the unfair advantage given to the adulterous woman, wherein she is not punishable as an abettor. Also, only the aggrieved husband can prosecute the adulterous man; the latter’s wife cannot prosecute either her husband or the other woman. Nor can the aggrieved husband prosecute his wife. A married man who has an affair with an unmarried woman is not prosecutable under this law. The provision treats a married woman as a commodity owned by her husband. It violates the fundamental right to gender equality.

The SC has to also pronounce judgement on whether a mosque is integral to Islam. A 1994 judgement in the Ismail Farooqui case says Muslims can pray anywhere, even in the open. Muslim appellants argue that Islam would collapse without its mosques to congregate and pray.

A petition filed by historian Romila Thapar and others against the crackdown and arrest of rights activists is also among the cases to be heard. The petition argues that this is a State’s move to silence the dissent.

Abha Boyal

Abha has taste of years in journalism and writing. She is known to elaborate her findings in a vibrant way. With writing as her incredible skill, Abha also enjoys exploring new places. She stays focused on whatever she does and this makes her an all rounder.

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