We celebrate the Republic Day to honour the date on which the Indian Constitution came to effect.
India has sustained rapid growth in past years and emerged as one of the powerful countries in the world. In recent, the country has gone through some of the exceptional amendments which were sustained for more than 100 years in our law books. These changes lead India and its people to a righteous life.
The judges of our Supreme Court have brought such historical amendments to the Indian constitution which reflects that India is moving towards inclusive development. As we’re celebrating our 70th Republic Day, let’s talk about the recent and major amendments brought to our Indian Constitution:
- Triple Talaaq Bill
After the verdict of Supreme Court calling Triple talaaq is unconstitutional and arbitrary, the bill of Triple Talaaq was successfully passed on 2018 which challenges the traditional method of divorcing a woman and violating her fundamental rights.
The News had become a national topic of debate not only in the country but outside too. And after many challenges and heated arguments in Loksabha, finally, the bill was passed which ensures the equal rights of Muslim women to live with their dignity in the society.
Here are some of the key point which the Supreme Court has mentioned the bill in their judgment:
- With 3:2 majorities in 5 judge’s panel, they said Triple
talaaqis illegal and void
- Justice Narima, Justice Lalit and Justice Kurein said triple talaaq is unconstitutional.
- The SC put a stay of six months on the practice of Muslim men divorcing their wife and asked Parliament to bring a new law within this period.
- The Supreme Court further added that “Triple talaaq unethically oversteps the fundamental rights of the Muslim Women and ends the marriage”.
2. Section 377 Decriminalization
Recently the Supreme Court took the Historical decision to decriminalize the 158-year-old colonial law, Section 377. A panel of five judges headed by chief justice Deepak Mishra brought changes to some of the parts of this acts which states being in love with the same gender is a crime.
Section 377 is a colonial provision of an act in our Indian Constitution which continued even after the Independence. The neglected community LGBT had been caged by this for last 158-year-old law. Here are the highlights of verdicts which the judges of Supreme Court mention after decriminalizing the act:
- LBGT community possesses the same fundamental rights as other citizens of the country.
- Sexual orientation is a biological phenomenon; any discrimination on this ground is a violation of their fundamental rights
- Section 377, IPC, to an extent is an irrational decision to criminalize sex between two adults with mutual consent. It needs to get partially struck down.
- Any kind of sexual activity with animals will still remain punishable under Section 377.
3. The Criminal Law Amendment Ordinance, Child Rape
This ordinance was recently brought to the society through our constitution to ensure the death penalty against child rape. The parliament passes this bill on 2018 with maximum votes to punish the rapist who rapes a child below 12 years.
It replaces the Ordinance propagated by the Central Government in April 2018 after the unfortunate Kathua minor rape incident.
Here are some key points of the amendment:
- To ensure maximum punishment to the rapist the year of imprisonment was extended from 7 yrs to 10 yrs which may extend up to life imprisonment also.
- Raping a girl below 16 years is punishable with twenty years of imprisonment which can extend up to life imprisonment.
- Section 376AB is inserted to ensure the death penalty for the rapist who rapes a girl below 12 years.
4. The Adultery Law Amendment:
Previously when a man had sex with a married woman without the consent of her husband then it was considered as a crime under our Indian Penal Code. No Idea how many men were punished under this law before.
Here are some of the verdicts passed by the Supreme Court related to the amendment of this law:
- The ancient concept of man being indulged in an illegal act and woman being the victim is no more to hold good for the society when it comes to equality.
- Women should be treated with equality when comparing to a man.
- Control sex of a woman hits the right and dignity of her.
5. 10% Reservation For General Category
This is the next 124th amendment to our Indian Constitution which recently got an approval from the parliament which will now go to the President for final sanction to become a Law.
The governments come forward with this bill to grant 10% reservation in government jobs and education for the weaker sections of the upper caste. The Lok Sabha has cleared this bill with 323 votes in favor preceded by 158 votes in Upper House.
And recently even Supreme court refused to stay 10% quota for poor among General Category.