78th Independence Day: Landmark judgements that shaped India's social and political fabric

-The Supreme Court and various high courts have played a crucial role in shaping individual rights, from recognizing privacy as a fundamental right and decriminalizing same-sex relationships to enhancing workplace safety with the Vishakha Guidelines.
The introduction of NOTA in voting, regulation of passive euthanasia, and expansion of family definitions also mark significant judicial milestones.Additionally, the court's affirmation of the Right to Education as a fundamental right highlights its commitment to justice and evolving societal values.

Protecting privacy
Even as the move towards “digital India” made lives easier, and social media went viral, the fear of losing privacy got more and more pronounced. In 2017, the Supreme Court stepped in and declared Right to Privacy as a fundamental right, protected by the Constitution. SC ruled that Right to Privacy is “intrinsic to life and personal liberty and is inherently protected under Article 21.”
Same-sex love isn’t criminal
It was seen to be “against the order of nature”. Introduced by the British in 1861, modelled on its own 16th century Buggery Act, Section 377 criminalised consensual sex between persons of the same sex. In 2018, all that changed as SC upheld the right to equal citizenship of members of the LGBTQ+ community. It ruled that Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex” and that punishing sexual activity between two consenting adults under Section 377 violated the right to equality, privacy and personal liberty of such persons.
Making workplaces safer
If workplaces are now largely free of sexual harassment, it is because SC stipulated the ‘Vishakha Guidelines,’ enacting the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act in 2013. It defined sexual harassment as unwelcome sexually-determined behaviour (whether directly or by implication) like physical contact and advances, a demand or request for sexual favours, sexually coloured remarks or showing pornography.
My vote goes to none
In 2013, SC provided the option of ‘None Of The Above’ or NOTA in EVMs, helping discontented voters make their disapproval loud and clear. It also ensured that using NOTA, instead of abstaining from voting, would prevent misuse of votes or fraudulent voting.
To die with dignity
Thirty-seven years after Aruna Shanbaug, a nurse at a Mumbai hospital, went into a vegetative state after being sexually assaulted, SC in 2011 came up with guidelines for passive euthanasia, the decision to withdraw treatment, nutrition and water. It said the decision to discontinue life support must be taken by parents, spouse, or other close relatives, or in the absence of them, by a “next friend.” The decision also requires court approval. “Individuals had the right to die with dignity,” the apex court said while rejecting a plea for euthanasia but allowing passive euthanasia with strict guidelines.
Normalising ‘atypical’
When the Punjab and Haryana HC denied Deepika Singh, a nurse at PGI-Chandigarh, maternity leave because she had availed it twice earlier when she had children from her previous marriage, Singh moved SC. And, this opened up a new world for atypical families and same-sex couples. The ruling, which took note of her “circumstances”, expanded the definition of ‘family’ in Indian law to include unmarried partnerships, queer relationships and single parent families. “Atypical families are deserving of equal protection under law guaranteed under Article 14 and benefits available under social welfare legislation,” the court said.
Educating India
For Mohini Jain, a medical student, the capitation fee to secure a seat in a private medical college seemed exorbitant. She moved SC in 1992, challenging a Karnataka govt notification allowing colleges to charge capitation fee. SC raised an important question – whether the right to education is guaranteed to the Indian citizen by the Constitution. It said “life and personal liberty” in Article 21 automatically implies some other rights that are necessary for the full development of personality, and education is one such factor. An amendment to the Constitution followed and Right to Education became a fundamental right.