*Trigger Warning: COVID, Mention Of Sexual Abuse*
Here’s a list of important court orders and judgements passed in 2021.
1. No Clampdown On COVID SOS On Social Media
During the height of the second wave of COVID, when people turned to social media for life-saving medication and equipment, governments were busy trying to suppress the SOS calls.
The Supreme Court, in this regard, observed, “If citizens communicate their grievance on social media and internet then it cannot be said its wrong information. We don’t want any clampdown of information. We will treat it as a contempt of court if such grievances is considered for action.”
2. Supreme Court Calls Paid Vaccination Policy Irrational
With the expansion of the immunisation drive for ages 18–44 in the second wave, the Center initially took responsibility for only 50% of the cost, leaving the rest of the burden to the States and private hospitals. This would’ve meant that those between 18–44 would’ve had to pay for the vaccine.
A Supreme Court Bech observed, “The policy of the Central government for conducting free vaccination themselves for groups under the first two phases, and replacing it with paid vaccination by the State/UT Governments and private hospitals for the persons between 18-44 years is, prima facie, arbitrary and irrational.”
3. Medical Colleges Directed To Remove Queerphobic Information From Textbooks
The National Medical Commission (NMC) has directed colleges to remove LGBTQIA-phobic information from medical textbooks after a recent observation from Madras HC. The NMC ordered the removal of “unscientific information” and “derogatory remarks against LGBTQIA+ community”.
It also stated that subjects “shall not be taught in such a way that it becomes/perceived in any way derogatory/discriminatory/insulting to LGBTQIA+ community”.
In the recent judgement, the Madras HC stated, “Queerphobia is being reaffirmed as legitimate throughout the education of a doctor who might go on to become a psychiatrist or any physician who might be approached by a person from the community.”
4. Two Adults Can Marry Without Consent Of Family
When a father registered a missing complaint against his daughter for running away and getting married, the investigating officer allegedly wanted the girl to return home and threatened to file a kidnapping case against her husband.
The couple approached the Supreme Court, which in its judgement stated: “The consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy.”
5. Freedom Of Media In Court Proceedings
When the Election Commission tried to stifle the freedom of the press by stopping the reporting of oral observations after Madras HC held them responsible for the surge in COVID cases, the Supreme Court stepped in.
#THREAD: In 2021, India ranked at 142 out of 180 countries on the global #PressFreedom index.
And if this wasn’t enough of a warning bell, a UN official has penned a letter on the detention of Kashmiri journalists.
Let’s talk about it and how press freedom in India is at risk.
— Youth Ki Awaaz (@YouthKiAwaaz) August 30, 2021
The top court said, “This Court stands as a staunch proponent of the freedom of the media to report court proceedings. This we believe is integral to the freedom of speech and expression.”
6. The Right To Pursue Higher Education
After two students from Ladakh were not admitted into colleges after being allotted MBBS seats, a Supreme Court verdict in favour of the students by Justice Chandrachud noted:
“While the right to pursue higher (professional) education has not been spelt out as a fundamental right in Part III of the Constitution, it bears emphasis that access to professional education is not a governmental largesse.” The court said that the State had an affirmative obligation to facilitate access to education at all levels.
7. Supreme Court Orders Shifting Of Siddique Kappan To Delhi For Treatment
After being arrested on his way to Hathras, journalist Siddique Kappan was lodged in Mathura jail under UAPA. Seeing his deteriorating health condition and the UP government’s unwillingness to help him, the top court ordered his shifting to Delhi for better medical treatment.
The court order stated that it would be in the interest of justice to shift Siddique Kappan to Delhi for better treatment.
8. Kerala High Court On Rape Survivors’ Sexual History
In a case where a man was accused of impregnating his daughter, the Kerala HC in its judgement observed, “Even in a case where it is shown that the victim is a girl of easy virtue or a girl habituated to sexual intercourse, it may not be a ground to absolve the accused from the charge of rape.”
9. Madras High Court Calls Out Glorification Of Men’s “Sexual Adventures”
In Madras HC, an important ruling was announced in a case where a moneylender was accused of rape and sexual abuse of 29 women. The accused had also videotaped the survivors. A mobile repairman is accused of distributing the videos. When the moneylender submitted in his defence that “at the most it could have been consensual sex”, the court stated:
“It is not just one woman but a group of women who are the victims. We have no reason to disbelieve the versions of the victims as it requires sheer courage and determination to tell the truth of such nature.”
While pronouncing the sentence, in reference to the glorification of men’s “sexual adventures”, the court stated, “Men, generally, in our society are glorified for their sexual adventures. They are also forgiven easily.”
On the on-screen representation of women, the court stated, “Treating women as an object of desire and portraying them so in movies and even in soap operas have a detrimental effect on the society.”