18 Days, 10 Landmark Judgments Pending – Can CJI Dipak Misra Create History?

One of the most successful and CJIs India has ever seen, Dipak Misra is scheduled to retire from his position as India’s Chief Justice on October 2, 2018. From settling the 120-year-old Cauvery river dispute to sanctioning passive euthanasia, CJI Dipak Misra has headed numerous landmark judgments. As with successful people, his tenure as the Chief Justice of India was also marred with numerous controversies, which were essentially brought in by opposition parties, who did not like the style of working of Misra. And Misra has essentially emerged out of all odds with the winning smile.

However, now that merely 18 days are left for his retirement, the entire country is wondering whether he will be able to deliver the 10 landmark pending judgments. The cases include the Ayodhya case, Section 497, Section 377, Aadhar, the entry of women to the Sabarimala temple, reservation in promotion, and the question of female genital mutilation prevalent among Dawoodi Muslims among others. In short, the upcoming span of 18 days is going to be extremely crucial to India – it may just be one of the most important months in the Indian socio-political history. In this article, let’s take a sneak-peek at five most important pending decisions in the court of law under the leadership of incumbent CJI Dipak Misra –

1. Live Streaming of Court Proceedings.

In August this year, a Supreme Court bench headed by CJI Dipak Misra promulgated that live screening of court proceedings could be done for constitutional matters or social matters pertaining to constitutional rights. However, the decision of reservation of privacy in cases that are sensitive or private in manner is yet to be taken.

2. Practice of Female Genital Mutilation Among Dawoodi Bohra Community.

The Central Government had been seeking to ban the ghastly practice of female genital mutilation that is prevalent among the Muslims of the Dawoodi Bohra community. Reacting on a petition filed by the Dawoodi Bohra Women’s Association for Religious Freedom, the CJI had asked if the same had been imposed on the women. In relation to this case, Justice Misra had asked:

If they are opposed to it, can you force it on them?

3. Section 377 – The Question of Homosexuality

The Supreme Court has reserved its judgement on petitions urging to decriminalize homosexuality. Although the apex court had earlier observed, the SC observed, “the right to privacy and protection of sexual orientation lies at the core of fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution,” in what seemed like a big boost to the LGBTQ community, Justice Chandrachud stated that “partner can be from the same sex.”

 

However, the SC had also overruled the Delhi High Court judgment of decriminalizing homosexuality during the 2013 Suresh Kumar Kaushal v Naz Foundation case. So, the case pertaining to the Section 377 remains one of the most sought-after judgments that might be taken up over the next month.

4. Entry of Women in the Sabarimala Temple.

Sabarimala Temple, located in Kerala, never allowed the entrance of women in the age-group of 10 to 50 into its premises. A constitution bench headed by CJI Dipak Misra has reserved its verdict on the case that seeks to lift this sexist ban.

5. Reservation in Promotions.

The Supreme Court bench headed by the incumbent Chief Justice of India on August 30 reserved its judgment on a batch of petitions against the 2006 order where a verdict of the top court had ruled against quotas in promotions for the creamy layer.

By: Shah on Tuesday, September 4th, 2018