Dipak Misra

Rein of Justice Dipak Misra

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Justice Dipak Misra stepped out of his long reign of 22 years on Tuesday. He started his career as a lawyer in Orissa High Court and later was appointed as a judge of the same in 1996. He also served as a judge of Madhya Pradesh High Court; he was appointed as chief justice of Punjab High Court and later was appointed as a judge of Delhi High Court. He became a Supreme Court Judge in the year 2011 and served until he was appointed as the Chief Justice of India in 2017.

In his long career, he through his wise sense of justice delivered judgments that changed the course of various problems that existed in India. Some of his important and significant judgments are given below:

Women are now permitted in Sabarimala

Women were not permitted inside the Sabarimala as a part of custom of Hindu religion, of which devotees of Lord Ayyappa are followers. Justice Dipak Misra saw that the exclusionary hone (refusal of passage to ladies in Sabarimala) is neither a basic nor a vital piece of the Hindu religion without which Hindu religion, of which fans of Lord Ayyappa are supporters, won’t survive.
He additionally said that privilege ensured under Article 25(1) has nothing to do with sexual orientation or, so far as that is concerned, certain physiological factors particularly inferable from ladies and the disavowal of passage to the sanctuary strips them of their entitlement to adore.

Decriminalization of Section 497 of Indian Penal Code

The constitution seat headed by CJI Misra struck down 158-year-old Section 497 of the Indian Penal Code, which criminalizes adultery. Seeing that there can’t be male centric government over daughter or husband monarchy over wife, the CJI decided that S.497 offers permit to husband to manage wife however he sees fit marks the individual respect of ladies.

Decriminalization of Section 377 of Indian Penal Code

The constitution seat collectively announced that Section 377 of the Indian Penal Code was illegal, seeing that it criminalizes consensual sexual demonstrations of grown-ups in private. CJI Misra, in his judgment, saw that the LGBT people group has square with rights and their sexual introduction was a basic aspect of the privilege to security. He said that the Section resembled a weapon in the hands of the larger part.
Validation of Passive Euthanasia

The constitution seat in March this year perceived and offered endorse to aloof killing and living will/advance order. CJI Misra saw that all grown-ups with the ability to assent have the custom-based law appropriate to reject therapeutic treatment and the privilege of self-assurance. He, in any case, advised that specialists would be bound by the patient’s decision of self-assurance, subject to being fulfilled that the ailment of the patient is serious and there is no expectation of his being cured. He said the state intrigue ought not to over-gauge singular intrigue and that a man ought to be permitted to bite the dust serenely as opposed to delaying the procedure without wanting to through innovation.

Aadhaar Upheld

Strangely, CJI Misra did not compose any judgment in the Aadhaar case. He and Justice AM Khanwilkar agreed with the lead judgment composed by Justice AK Sikri that read down a portion of the arrangements of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, struck down a couple however noteworthy ones (for the most part Sections 33(2), 47 and 57), and maintained the rest. Equity DY Chandrachud contradicted and opined that the entire Aadhaar venture is illegal, while Justice Ashok Bhushan composed a different sentiment agreeing with the dominant part.

Submitted by-
Vedant Agrawal
Student Reporter- INBA

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