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Talaq, Privacy and Ram Rahim: Judiciary Gives Us Reason to Hope This Week

Three cheers to giving us hope!

The three historic landmark verdicts passed by Indian Courts one after the other during this week have re-ignited our faith in Indian Judiciary.

The Indian Judiciary is rattled with 2,81,25,066 pending cases both in civil and criminal courts. The idea of approaching the court for justice in itself for people is a grim and obscure recourse. They have little or no faith in the legal system.

But with the historic ruling, declaring triple talaq as unconstitutional, recognising right to privacy as our fundamental right and convicting self acclaimed spiritual guru Ram Rahim for rape, the Judiciary has lived up to its reputation of taking some valiant  and compassionate decisions and has rekindled our trust in the country’s pillar of reform and justice.

1.Talaq, Talaq, Talaq- Unlawful, Unlawful, Unlawful

The highest court of the country has struck down the discriminatory and unjust practice of instant talaq. Several muslim women have been divorced, including on Skype and Whatsapp and have, over the years, challenged this 1400-year-old practice.

Shayra Bano, a 35- year-old woman challenged the practice of triple talaq in 2016 post her divorce via triple talaq. The practice of Triple Talaq allows Muslim men to leave their wives immediately by uttering “talaq” thrice. The practice of triple talaq has been declared unconstitutional by 3:2 majority. This judgment paves way for women empowerment and grants equal rights to Muslim women.    

2. Privacy- Your Fundamental Right

The nine judge bench of Supreme Court unanimously held that right to privacy is a fundamental right and is intrinsic to the right to life. They overruled an eight judge bench verdict in the MP Sharma, a case and six-judge bench ruling in Kharak Singh case. This judgment is cause for celebration as it impacts the lives of over 134 crore Indians.

Right to privacy means that all intimate details of an individual regarding marriage, sexuality, relations with family are protected. Also, all the private information such as the parting of personal data by use of credit card, social network platforms, I-T declarations, passwords are to be protected and respected. All public details where privacy protection requires minimal regulation, are also protected. Through this judgment Right to Privacy is being linked to Article 14, 19 and 21 of the Constitution.

This verdict of Supreme Court has opened a dialogue for landmark cases like Aadhaar- where the Government has introduced biometric data-enabled Aadhaar ID for citizens, issue of Article 377 which holds homosexuality and as a criminal offence. Further, with this judgment, there will need of strict privacy laws in India.  

3. Godman convicted of Rape

After 15 years of an infamous tussle, Dera Sacha Sauda chief and self-declared spiritual guru Gurmeet Ram Rahim Singh has been convicted of rape. The trial commenced against Ram Rahim in 2008 and on September 6, 2008, he was charged under Section 376(rape) and Section 506 (Criminal intimidation) of the Indian Penal Code.

Amid violence and ruckus where 72 trains have been canceled, schools and colleges are closed, internet services are suspended for 48 hours in the state of Punjab and Haryana.

The CBI court of Panchkula, in its bold verdict, has convicted the guru for his wrongful deeds.

It’s been quite an eventful full week for our legal system. Hail Indian Judiciary!

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Written by LawRato

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LawRato.com is India's leading lawyer serach and legal advice platform.