#most accepted adult interests are arbitrarily selected
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SNK 134 Review
Thank you. Thank you so much. This means so much to me.
(Ofc this chapter is called “In the Depths of Despair.”)
Sigh.
So, I guess I have to have an opinion on this chapter now.
For a while there, it looked like SNK had made the right choice.
Eren was the asshole. He was insubordinate, ungrateful, uncooperative, and above all else, a fucking sociopath. Cool, got it. One and done.
But then his friends started talking about how it was really their fault he’s doing this.
Ok, that’s fine. They’re desperate to stop him, so they’re just saying whatever they think will ingratiate themselves with Eren and help talk him down. Dynamics like that are very common in abusive relationships.
Now we arrive at this chapter, where even random people are saying Eren is a victim *as he is murdering them!*
It is patently absurd that Eren is having a warranted or natural or reasonable reaction to what he’s been through.
If Eren were a better person, he would have known that mass murder against the Eldians was wrong because mass murder is wrong. Unfortunately, Eren is a fundamentally amoral person. The only moral compass he has to guide him is a childish belief in “you hit me, so I get to hit you.”
He’s said as much on multiple occasions. He has said, “If someone tries to take my freedom away, I will take their freedom away.”
Instead of being the better man and ending the killing, his solution was to kill more people than them, faster and on a larger scale.
I think the clearest picture of Eren’s worldview was given when he spoke to Historia. He said the only way to end the cycle of violence was to destroy the whole world.
That is Eren’s deeply felt belief: there can be no peace or coexistence; the only way to win is to be the last man standing.
This mindset is so natural to him that he will even kill his friends for opposing him.
He told them that they were free to oppose him, and he was free to fight back. That’s how he justifies killing them to himself. They have the choice to oppose him, so if he fights back and kills them, it’s their fault they died, not his, because they could have made the choice to flee and live, but decided to stand and die.
In reality, the alliance is fulfilling a moral duty to protect life, while Eren is an asshole who has killed billions.
The series wasn’t kind to Eren about that. He was depicted as a cheering child as he murdered everyone. The Rumbling was not white washed either. The take away was obviously that Eren’s decision was not the product of a sound mind.
And yet.
Now I have to wonder if the series is seriously trying to say the Rumbling embodies some form of justice.
There are multiple layers to this issue, so let’s start at the surface level.
So in what is obviously a ham-fisted attempt by Isayama to lecture the audience about morality, a Random Commander Guy filibusters about the ills cast by the Marleyans on the Eldians and how this has rebounded back at them.
It is generally considered good writing for characters to get their just desserts. If someone sells drugs to kids, you expect something bad to happen to them. If someone helps a kid cross the street, you expect something good to happen to them.
What’s different between a generic case of just desserts in a story and this chapter in SNK is that the dessert is typically delivered through some nebulous, karmic force, rather than a vengeful twerp with God-like powers.
When the drug dealer’s car blows up, it’s karmic fate, not revenge.
The car doesn’t blow up because one of the kids devoted his life to exacting revenge, it’s because the car just blows up for no reason, or because something completely unrelated to the dealer causes a bomb to be planted in the car, or the dealer brought it on themselves by getting caught up with terrorists.
People may or may not deserve to suffer, but it’s fine to show people suffering if you’re just trying to make a point about how people should act.
Eren’s a different case. For several reasons.
To help untangle why, let’s think about the death penalty.
The death penalty is an example of retributive justice. Put simply, it’s the idea that retribution can be morally just.
The Rumbling is immoral precisely because it is something a supporter of retributive justice would emphatically NOT support.
Most supporters of the death penalty would justify it as an act by a legitimate societal authority. Eren is not that.
Eren is not an authority figure. He does not speak for the Eldian people and has no right to exact this genocide on their behalf. No one made him King of the Eldians. It’s not his place to decide what’s in the Eldian’s best interest.
Also, killing people because “it’s what the scumbag deserves” is usually justified because it’s a sentence for a crime handed down in a legal process.
Rights can be taken away, but not arbitrarily. Transparency is an important part of this. Acts that are a crime are public knowledge, as well as the prescribed punishments. The criminal law is also supposed to apply to everyone equally, not selectively. To say nothing of the law itself being duly enacted by a legitimate governmental authority.
The same principles apply to the process by which a right is taken away. The process must be laid out in a law that was duly enacted by a legitimate government authority, applies to everyone, and is publicly known.
Eren’s process, of *fucking* course, is nothing like this. Eren has no legitimate authority. He’s a Guy With an Opinion who bumbled into attaining absolute power, and now he’s acting on that Opinion.
He not the government punishing a convict. He’s a guy with a gun shooting people he doesn’t like. The Rumbling is not just retribution, it’s just murder.
Commander Guy says that if they knew this would happen, they would have acted differently.
That’s a good point.
Why the fuck do they deserve to die, then?
To some extent, everyone’s worse impulses are kept in check by the knowledge that there will be consequences if they act rashly.
But it’s not just that.
Laws are public knowledge for a reason: it’s fair. If you know your act is a crime and that performing said act will result in a certain punishment, then by committing the act anyway you have tacitly accepted whatever punishment will be meted out.
The moral onus is placed on you.
This is why knowledge that you are committing a crime is necessary to be convicted of a crime.
In principle, the case with the Marleyans is the same. Is it fair to punish someone for an act they did not know would carry that punishment? No.
They may know the act was immoral, but that is not the same thing as knowing it will lead directly to their death.
And needless to say, but you only deserve to be punished for an act if you deserve to be punished for that act. The Marleyans do not deserve to be punished for that act.
There are multiple ways a wrong can be righted. There are punitive ways, in which the perpetrator is harmed outright. There are also restorative ways, in which the victim is compensated for the harm done to them, usually at the expense of the perpetrator.
I have already explained why Eren lacks the authority to pass judgement on the world, and that the process by which he made his decision was completely illegitimate, but it needs to be said that this punishment is totally improper in itself.
Wiping out humanity is purely punitive. To use the obvious analogy, I don’t think any sane person would argue white people deserve to be punished for racism. Supporters of racial justice usually talk about restorative, rather than punitive, forms of justice, like reparations.
The Rumbling does not make the Eldians whole again. It does not restore their trampled dignity. It is purely an act of vengeance.
Casting it as some kind of deserving retribution is crazy.
Oh, and, you know, suffering is bad, so retributive justice is wrong even disregarding everything I just said.
You could theoretically believe life is a miracle, but that people forfeit that right if they act wrongly…it’s not something many people would support.
If Dino!Eren had been depicted as a random force of nature that visited ruination upon humanity, we could have potentially gotten a good story about how hatred leads to no good outcomes. Like how Godzilla is a metaphor for the ills of nuclear weapons.
Instead we get a nihilistic tale about two sides punching each other until one keels over dead. And somehow the one that keels over deserved it.
What makes it nihilistic is that you could easily reverse it. What if right before Eren destroys Fort Salta, aliens invade the Earth and help the Marleyans.
Now the Eldians are on the verge of annihilation and *Eldian* Commander Guy gets his turn to say “Woe is us who surrendered to hate. We deserve this.”
There is no right side or wrong side. No deserving side or innocent side. The Eldians were cheering for genocide the same as the Marleyans. The difference is the Eldians had a God on their side.
The morality of this series is just all over the place.
The Alliance and Eren are equally sinful, but now Eren is an agent of karmic destiny and his victims “deserve it.”
There isn’t much to talk about this chapter besides that.
Armin still hopes to take Eren alive, but good luck with that.
Eren can manifest other titans from his body, which is cool I guess, though it’s pretty clear this power only exists to give the Alliance things to fight.
There were a lot of allusions to parenthood this chapter. The baby and the cliff. Reiner’s mom realizing how shitty she’s been. Historia’s pregnancy. The Commander Guy saying it’s the fault of “us adults.” The numerous shots emphasizing the kids at Fort Salta.
Child abuse is a common theme of SNK. And not just parental abuse, but societal abuse, too. Children are the victims of individual foibles and broader social ills, like racism and police brutality.
The cycle of violence at the heart of the series’ conflict is bad for everyone, but the story emphasizes that it is bad for children in particular. It harms them, and leads to a world that is worse off for them.
If there’s one takeaway from SNK, it’s that we should think of the children. Adults shouldn’t just take care of their kids, they should fix broader social issues, if not for themselves then for the children’s sake.
It’s a fucking insult.
Historia’s pregnancy is all but confirmed here. There’s no way it’s fake. There may have been motive to fake being pregnant, but there is no fucking way she’d have a reason to fake *birth*.
I always leaned towards the pregnancy being real, so that didn’t get to me. What gets me is that Historia is just…there. On Paradis. On the sidelines.
Not only was Historia, who is the only likable female character in this show now, impregnated, she’s also been MIA most the last two story arcs.
I had thought Isayama was saving her for the finale. Surely, Isayama understands that if you sideline a major character for no reason, they have to come into play at some point, I thought. Surely.
Characters are tools; they exist to be used. So use them.
But no, it seems Historia is legit not going to be a thing in this final battle. My dreams of the domineering boss saving the day are dashed.
But what really messes with me is how shafted Historia has been since basically the end of the Uprising Arc.
Historia’s only contribution to the plot after Uprising, but before the pregnancy was making the disastrous decision to make the truth of the world public, which paved the way for Paradis society to become radicalized and back Eren’s coup.
She has done nothing other than that.
Obviously her pregnancy will have thematic importance, but at this point the best Historia stans can hope for is that she’s the main character in the epilogue.
I’ve always assumed the pregnancy was the product of a loving relationship. For all his incompetence with Historia, I was willing to assume Isayama would not force her to carry a forcibly impregnated child to term.
And you know that even if the child is the product of rape, Historia will still have to say she loves and accepts them as her child and will raise them lovingly, with no regard or acknowledgement of the trauma of having to raise a child born out of her being raped.
Because the theme of the story.
All life is a miracle.
All children deserve to be loved.
Even if it was rape.
Except it’s more complicated than that, and I’m terrified to think that Isayama may not understand that.
So for now, I choose to presume that Historia is pregnant because she loves someone, decided to have a family with them, and we’re being led to believe she was raped for shock value.
But arguably more important is what this means for the queer audience.
Historia’s first love interest was another woman.
She’s queer. A lesbian. A dyke. What have you.
Now you’re telling me she either loves a man, or was not only raped, but has to love and accept the child that results from that trauma?
And for what?
So we can end the manga on a speech by Historia moralizing about the value of posterity?
Historia stands at the nexus of two subjects in this manga: the value of posterity and the denigration of queer people.
It is very homophobic of this series to pair a queer character with a dude to affirm a message about the value of children and motherhood.
As if queer people can’t have children.
We seem to be headed down that path.
It didn’t have to be like this.
Queer people can have children through artificial insemination. And artificial insemination is conceivable with Paradis’ current level of technological development.
Isayama is choosing to do this because queer people are not a part of his vision of a world where people, especially children, are able to live free.
That’s very sad, because it shows how empty SNK’s morals are.
So who’s the slave here?
Who here is truly free?
The ones who are free are the ones who aren’t reading Attack on Titan anymore.
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August 9: The 100 2x01, The 48
Okay, settling down to rewatch 2x01, the start of my favorite season...
I love this Clarke so much. Badass Clarke, sneaky Clarke, a Clarke who will fearlessly do what she has to in order to escape and to get to her friends. A Clarke with convictions and guts.
How DO they know everyone’s names lol? Is that ever explained? (ETA: Monty was obviously the informant.)
Mount Weather is one of my favorite parts of this show, honestly. I love that their mission is in part to preserve the beautiful things humanity created, like art; they gave their prisoner Starry Night. The ORIGINAL Starry Night. I just find that very moving. All of these non-essential parts of being human... the show has abandoned them and that’s part of why it’s so hollow for me now, I think.
Level 5: where it all begins and it all ends.
The Clarke/Maya relationship could have been so much more, tbh. Like they had their good moments, like threatening to kill each other etc., but they could have gone deeper.
Surprise! Underground executive branch family dinner! This is the sort of twist I can get behind.
Haha remember when actual delinquents still existed? I joke but truly the later canon has ruined parts of this show for me.
I forgot Tristan survived into 2x01. Not for long. Such Grounder hypocrisy: “That’s one. I lost 300.” He makes it sound as if Finn marched into a village and killed 300 people--they were fucking soldiers on the attack you dum-dum.
“Only our warriors speaking English.” Well that sounds like bullshit based on literally everything we see after this point.
The statue of Lincoln is “the place we go to settle disputes.” First, please don’t say they settle disputes to the death or some nonsense, and second, that’s his namesake... Significant? I mean, objectively, no, but can I make something out of it somehow?
I disliked Luna but she COULD have been so interesting and she and Lincoln COULD have had quite a dynamic. I headcanon them as exes. I want to know their whole backstory tbh. When they met. How. If he wanted to go with her to the sea. If he did perhaps and then came back.
Drink every time someone cauterizes a wound.
You know what else they should have done? Story line about the meeting of Grounder and Sky People medicine. Oh wait that would have taken away from the repetitive war story lines never mind.
That dropship is so fucking impressive. WHERE ARE THE AWARDS FOR THE SET PEOPLE?
And the costume people for those awesome masks.
Am I supposed to feel bad for this Grounder and his charred friend? I do not. Next time, don’t attack the children for no reason and you won’t get burned to a crisp. Easy.
The thing is I can never get behind the Raven + Murphy friendship 100% even though their S5 dynamic looked interesting because he literally fucking shot her and that’s just not a bygones are bygones thing. But they do have personalities that mesh well together so in that way it’s sort of a shame. Also he 10000000000000% had a crush on her don’t even try to argue.
She fired that gun at him. I forgot that. She fired but was out of bullets, that’s the only reason he didn’t die right there. “Yeah I would have shot me too.”
I’m p. sure that’s the real Mount Weather?
I know the Mount Weather people have no leg to stand on when it comes to the Grounders and that they’re...pretty obviously racist, but in their defense--the Grounders were written to be pretty savage, so “savages,” while unforgivably racially tinged, is a fair descriptor of them.
I know I’ve harped on this before but Mount Weather has a judicial system of some sort and it’s possible to press charges there. Somehow. The world building on this show sucks balls.
“They also said you were their leader” is like some retconning, okay. Because you will not convince me that for most of S1 BELLAMY wasn’t the leader in the eyes of the delinquents.
“Kiddo.”
Fucking love Dante. Where are my Dante + Clarke mentor/mentee or ex-mentor/mentee or different-gen-rivals fics?
“We prioritize safety over sentimentality.” As Maya takes blood she absolutely doesn’t need but is having just in case and that she knows comes from someone else’s tortured body because she’s accepted this as something they do, because she’s not sentimental. But she already feels guilty.
Clarke is already using the word “capture.” I had a discussion with someone once about Clarke’s vision of Mount Weather versus, say, Jasper’s, and why it was different and I said some poorly phrased stuff that didn’t really reflect my thoughts and opinions and it still haunts me but I feel like this is...relevant to that. How she immediately feels ‘captured,’ trapped.
Clarke’s devotion to her friends and her people was still so pure and right here.
Dante really does believe he “saved” them. I wonder what his thought process was... I really hate the “savages” so I must save these children? These children look interesting, let’s meet some new friends? She’s right of course that if they were really guests, they could leave.
Multiple crash sites over 100 square miles = I should go on google maps to confirm my Pennsylvania/Farm Station theory but I’m too lazy.
GOD THOSE CLOTHES. I love that Clarke picks the pants and the high heel shiv.
There’s no way there’s actually time for natural selection to work that fast in 97 years and also I’m pretty sure the Sky People are genetically modified because their original pool was way too small for the process Dante is describing but whatever this show is all la-di-da science.
Also: this is how you run an underground Bunker OCTAVIA.
Dante was the only rival/antagonist/whatever Clarke has ever had that rivals her instincts and intelligence yeah I said it; fight me. I know she needed to be on the outside for this season to work but he should have been her mentor. He basically set her up to be mentored and then she ran off and into L who basically destroyed her and she’s never recovered.
THAT REUNION. Heartwarming. Though hard to watch too because this show did both Jasper and Monty so dirty. (Yeah I said that too WHAT OF IT.)
“Dying. Same as you.” Murphy gets all the good lines. That’s why people like him, forget this “redemption arc.”
The Grounder Raven killed was Murphy’s guard and honestly--hilarious. He abandons his post, realizes all his friends are skeletons, pickpockets one, then is shot by what he must initially assume is a dead body. Better character than almost anyone introduced from S3 on.
This cake scene is the most iconic. Jonty were scene stealers stfu. They’re children--basically. They get to act their age. They get to be happy and silly and they loved each other so much.
“Pretend like you’re happy to see me.” / “We are happy to see you.” See? Adorable. I know he’s no cinnamon roll but gosh, adorable.
And then Clarke comes in like secret espionage time and they just look so Tired TM.
I feel like Monty knew, or suspected on some level, that Jasper wasn’t just ‘bummed out’ by Clarke’s suspicions, he was panicking a little.
I can’t believe Jasper and Maya have known each other for like 10 seconds and she’s already seen his O face.
“Clarke’s the only reason we survived.” Um ex-CUSE me but I know you didn’t forget Bellamy’s existence, Jasper.
Clarke’s so smart!
Maya brings out the big guns, literally.
“I’m the one who fired the rockets. Should I not have done that?” is so heartbreaking. Mostly because of the delivery. I love this entire scene. There are like 8 different scenes I love in this episode, like whole-heartedly and truly love.
Clarke’s suspicions really do look like paranoia. Like I see what she’s picking up on, saw it even the first time I watched this ep, but there’s a sense in which she does appear irrational.
There’s actually something kinda funny about Bellamy running out with a spear in one scene, looking around blankly, and then getting chained up as a prisoner in the next scene. At least he inspired his little protege Monroe. Scenes like this are the reason she joined Pike in S3.
Tristan’s like “Who are these fucking children running at me and screaming?” Then he gets shot in the head. Goodbye Tristan you won’t be missed.
“We’re here now. Everything’s going to be okay.” This sounds like Kane playing out a hero fantasy he’s had since he was a child. Except he’s talking to two mud-stained kids who are looking at him skeptically instead of, like, a captured heroine or something.
I feel like they set up this conflict where the adults/Sky People elite come in and, like Kane says explicitly, assume they’re in charge and everyone will fall in line, but then the delinquents don’t see it that way or want that: they have their own priorities (their friends) and their own relationships (Finn and Bell don’t even LIKE each other but they’re still communicating by look) and their own knowledge (the pipes that allow them to move through the dropship camp quickly and without permission). But then... it sort of plays into the rest of the season...but not that much?? Not as much as I would like.
“You are not animals. There are rules. Laws. You are not in control here anymore.”
This show sacrificed a lot of complex relationships to just either make people buddy-buddy who had no reason to be or just arbitrarily assign relationships to scenes or episodes without regard for continuity at all.
Raven took Jasper’s goggles.... never over this.
How was bringing Octavia to TonDC faster than collecting some beetles for her to eat?
“Loss, pain, regret. Time eases these things.” I’d say this is the sort of line the show should be repeating but God when it gets a line in its teeth it never lets the fuck go so I guess it’s better this one remains pristine.
I find Dante very sympathetic but also so creepy.
They weren’t really patrolling for other people, were they? Because like...surely they would have found them. They’re at the dropship and close by. He was just bullshitting here. But why don’t they want to make even more new friends?
Dante’s stationery is presidential themed lol. Glad we stocked up the bunkers properly with the important stuff.
The crashed Alpha Station is beautiful. I believe this was the first time it was shown on the show? Ugh, this whole sequence with the music, it’s perfect and so touching.
Jaha is the most tragic and heartbreaking figure on this show. He also doesn’t get the appreciation he deserves. Just...the image of a man alone in space, talking to his loved ones, hoping they can hear them, not knowing if they can... I almost can’t handle it. I used to be very unsure if I liked where his story line went after this (seeing it in its entirety, I defend it) but surely he could not have died this way.
....I really gotta sleep now.
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ADHD In Adults: What Prevents You From Being Alert And Calm
What Is ADHD?
In 1902, a lecture by the English physician Still appeared in the Lancet magazine, who was the first to associate inattention and hyperactivity with a biological basis, and not with poor upbringing, as was tacitly assumed at the time.
This disorder is now called attention-deficit / hyperactivity disorder. According to the majority of domestic and foreign researchers, this disease occurs in 5-10% of children.
At the same time, ADHD is 4–5 times more common in boys. In adults, this disorder occurs in 2–6% of cases and is considered as a consequence of ADHD in childhood.
Read more@https://fitnesstudy.com/2021/05/07/adhd-in-adults-what-prevents-you-from-being-alert-and-calm/
What Does Attention Consist Of?
130 years ago, William James defined attention as “the selective focus of perception on a particular object.” According to the theory developed by Daniel Kahneman, attention is interpreted as an internal effort associated with solving a problem. At the same time, efforts are limited by the number of energy resources, that is, attention can be depleted.
According to the hypothesis of Dr. Posner and his colleagues, attention function can be divided into the following three functional components:
Vigilance
Orientation
Executive control
Imagine that you are driving a car and must maintain continuous attention or alertness, which is provided by the work of the right frontal and right parietal cortex. You turn left and alternately switch attention from one lane to another, including the second component – orientation, or orientation (direction) of attention to important objects.
This component works thanks to the upper parietal and temporoparietal regions, as well as the frontal gaze center. But the most difficult component – this is the third (distribution of attention between competing objects) – is associated with the work of more “intelligent” areas of the brain: the cingulate gyrus and the prefrontal cortex.
The first two components work predominantly automatically, while the third component is used arbitrarily. In addition, Posner and his colleagues used the image of a spotlight beam to describe attention, which switches from one object to another, illuminating it with a certain intensity.
Causes of ADHD
ADHD belongs to the category of multifactorial developmental disorders, and you should always keep in mind the possibility of multiple factors influencing each other. Among the causative factors of ADHD, genetic and perinatal factors are primarily distinguished. It is interesting to note that ADHD is more common in twins and siblings. The risk of developing ADHD for relatives of patients suffering from this disease is about 30%. ADHD is more common among preterm babies. Of particular importance for the formation of ADHD among perinatal factors is maternal smoking during pregnancy.
Manifestations of ADHD
The clinical manifestations of the disease are determined by three main symptom complexes: inattention, hyperactivity and impulsivity.
Speaking of inattention, they most often mean increased distraction and decreased concentration. At the same time, such people can do something interesting for them personally (computer games, watching TV, social networks) for hours. In addition, they have a deficit of selective attention, which manifests itself in increased distraction to extraneous stimuli, especially if these stimuli are bright and interesting. Switching attention is often also reduced.
Hyperactivity usually refers to increased physical activity. Such people are constantly twirling objects in their hands, walking around the room, and so on. It should be noted that hyperactivity in adults is much less pronounced than in children.
Impulsivity manifests itself in the inability to control one’s impulses, emotional and behavioral reactions. Such people often answer without listening to the question, constantly interrupting the interlocutor. The real problem for such people is rejection, even if it is small. The propensity to take risks leads to injuries and accidents. Allocate cognitive impulsivity (reflecting hasty thinking) and behavioral impulsivity (reflecting the difficulty in suppressing reactions).
The impaired attention in adult ADHD patients leads to decreased productivity. When analyzing the academic performance of students, it was revealed that students with ADHD have a lower GPA, and also more often experience difficulties in preparing for classes compared to peers without signs of ADHD. In general, ADHD patients are less likely to pursue college degrees. Such people are characterized by a decrease in the ability to plan time, poor organization of work, very frequent changes of jobs and layoffs. However, the unemployment rate among them does not differ significantly from the level of the control group.
As you might expect, adults with ADHD are in lower occupational positions and earn less income than their healthy peers. In addition, young people with ADHD are more likely to need financial assistance from family members and social services than their healthy peers. It must be said that patients with ADHD are much more likely to make compulsive purchases, that is, suffer from shopaholism. Patients with ADHD are more likely to be the culprits in road traffic accidents, as they are characterized by an aggressive driving style. Such drivers often change lanes without paying attention to other cars.
How can we help patients with ADHD?
In the USA and European countries, psychostimulants (not registered in the Russian Federation) are most widely used in the treatment of ADHD. Despite the large amount of research devoted to the use of psychostimulants in the treatment of ADHD, this issue is still accompanied by discussions about possible side effects.
Studies carried out at the Center for Behavioral Neurology of the Institute of the Human Brain (St. Petersburg) have shown the effectiveness of the use of nootropics in the treatment of ADHD in adults. Nootropic drugs are understood as drugs that have a positive effect on the higher integrative functions of the brain, the main manifestation of which is the improvement of learning and memory processes in case of their disorders. Tranquilizers may be used if anxiety disorders are associated with ADHD.
It is generally accepted that the treatment of ADHD should be comprehensive, that is, include both drug therapy and psychotherapeutic methods. Methods of behavioral psychotherapy are used to change (modify) behavior.
Recently, the practice of mindfulness (the art of managing attention) and meditation have been recommended for the treatment of ADHD.
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Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered
On October 2, 2108, Chief Justice of India Dipak Misra tenure concluded.
No doubts, Justice Dipak Misra’s tenure will be always remembered for historic landmark judgments but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
The judgments passed by his bench will certainly rank him as a Chief Justice who vindicated the spirit of the Constitution through his pronouncements.
Justice Misra joined the Supreme Court bench in the year 2011. In the last eight years, firstly as a judge of the apex court of the country and then as the CJI, Justice Misra was associated with several landmark judgments during his tenure at the Supreme Court. He interpreted the Constitution to expand the scope of fundamental rights. Also, during his tenure as the CJI, four senior judges held a dramatic press conference, which was seen as a mutiny in the Indian judiciary, which has been famous for its brotherhood. Justice Misra’s 13-month tenure as the 45th CJI, of which he assumed office on August 28, 2017 was cinematically eventful, adored by a series of landmark judgments, two unconventional midnight hearings at the Apex Court, differences with the government, rumors of him being nepotistic and an unprecedented press conference by four senior judges of the Supreme Court.
Here in this article we list the controversies surfaced around him and his landmark verdicts as follows:
Controversies
Outside his judicial functions, he dragged the supreme court into a period of chaos and earned the dubious distinction of being the first chief justice against whom an impeachment motion was attempted.
Within a month of Misra taking over as chief justice came what is now called the “medical colleges scam.” A first information report registered by the Central Bureau of Investigation on Sept. 19, 2017 claimed that attempts had been made to manipulate supreme court proceedings to obtain permissions in favour of a medical college run by the Lucknow-based Prasad Education Trust, and named former Odisha High Court judge IM Quddusi as an accused.
In October, activists moved petitions seeking an independent inquiry into the matter. On Nov. 9, the petitions were mentioned before a bench headed by justice J Chelameswar, who was then the second most senior judge, as Misra was presiding over a constitution bench. Chelameswar sought the formation of a five-judge bench to deal with the petitions.
The next day, following an order from a two-judge bench handling a similar petition, a constitution bench was quickly put together to nullify the orders of Chelameswar’s bench. In the process, the power of the chief justice as master of the roster was asserted. Later, the petitions were dismissed.
This resulted in Four senior judges of the supreme court who comprised the collegium at the time—Chelameswar, Ranjan Gogoi, Madan B Lokur, and Kurian Joseph—meeting the press in January and, in the process, laid out a series of questions on the functioning of the chief justice in assigning cases to particular benches.
“The administration of the supreme court is not in order,” the judges said at the press conference. The implication of the statement was clear. There was an attempt to fix benches and senior judges were being kept out of important cases. The independence of the judiciary was in peril.
In the interview, Justice Chelameswar was reported saying that “the administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months. We owe a responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution.”
After the press conference, several opposition party came forward to bring impeachment motion against Dipak Misra. The draft proposal has called Misra’s case as “abuse of authority to arbitrarily assign individual cases to select judges”, according to media reports.
Prasad Education Trust case: One of the cases under the radar is illegal gratification in the Prasad Education Trust case, according to News 18. The case pertains to accepting bribery by medical institutions for getting clearances to set up medical colleges. It has been alleged that Misra had submitted a false affidavit allowing the acquisition of lands to the institutions for building medical colleges.
Justice Loya’s death: Dipak Misra had allegedly refused SC judges’ petition, which demanded an independent probe against Loya’s death, according to the presser of the four senior SC judges.
The impeachment motion was later dismissed by Vice President.
Dipak Misra at the Independence Day function organised in the Supreme Court by the Supreme Court Bar Association, said that it was easy to criticise, attack and destroy a system but instead an endeavour should be made to transform and reform it. “There may be some elements who try to weaken the institution,” but the judiciary will refuse to succumb, Chief Justice Misra said in an apparent reference to discordant voices coming from within the top judiciary and outside.
After the storm of the press conference and impeachment motion, the focus was back on the judicial functions of the chief justice. Despite the protests of the four judges, they continued to be kept off important cases.
Important Judgments by his Bench
Online FIRs
In case of Own Motion vs. State, Justice Misra passed an order directing the Delhi Police to upload the FIRs on the website within 24 hours of their lodging.
Reservation in Promotions case
In another case concerning reservation, Justice Misra and Justice Dalveer Bhandari rejected decision of the Uttar Pradesh government to give reservations in the promotions.
National Anthem case
Justice Misra bench of the Supreme Court had made playing the national anthem in cinema halls mandatory in 2016. However, Justice Dipak Misra-headed bench amended the national anthem ruling twice making it optional to play and stand during the national anthem in the cinema halls.
Right to Reputation case
Hearing petitions filed by a few politicians including Rahul Gandhi from Indian National Congress, Arvind Kejriwal of Aam Aadmi Party and Subramanian Swamy of Bhartiya Janta Party in May 2017, Justice Dipak Misra held reputation of a person could not be allowed to be crucified at the altar of the other’s right of free speech. Justice Dipak Misra ruled, “The right to reputation is a constituent of Article 21 of the Constitution. It is an individual’s fundamental right.” The bench upheld the 156-year-old defamation law. Interestingly in this case top criminal lawyer and father of Hon’ble Justice Uday Umesh Lalit, Mr. U.R. Lalit was appearing as a defense attorney of Rahul Gandhi. However, Justice Misra did not recognize the senior Lalit and went on to inquire about his practice in criminal law.
The 377 verdict
In one of its most celebrated verdicts, Supreme Court declared Section 377 of the IPC as unconstitutional. Section 377 made gay sex a criminal offence with a provision for jail term up to five years. With this, India is now one of the 26 counties were homosexuality is legal.
Adultery Judgment
Last week started with the bench of Supreme Court led by CJI Misra holding Section 497 of the IPC as unconstitutional. Section 497 of the Indian Penal Code deals with Adultery.
Aadhaar Judgment
With a difference of opinion to the Central Government, the Supreme Court upheld the constitutional validity of Aadhaar. The Supreme Court held the constitutionality of Aadhaar but ruled that the UIDAI project could not be made mandatory for any social welfare scheme and availing rights.
On Sabrimala issue
CJI Dipak Misra-led bench said that women of all age are allowed to under the Constitution to enter Sabarimala Temple. Justice Dipak Misra held that religion is a way of life that is meant to link life with dignity.
Can elected representatives practice Law
A PIL was filed by BJP Leader and Sr. Advocate Ashwani Kumar demanding ban on the practice of lawyers who are elected as a MLA/MP or a Minister. The bench led by Justice Misra held that as the profession of an elected representative does not fall within the rule 49 of the Bar Council of India Rules, lawmakers (with a law degree) can practice law as a profession.
Supreme Court Live
The Justice Misra led bench also held that there would be live telecast of the cases involving national and international importance. The bench held that live streaming of the Supreme Court proceedings would bring transparency and accountability to the judicial process and was a step to be taken in public interest.
RamJanmbhoomi-Babri Masjid case(Ayodhya)
A three judge bench headed by Chief Justice Dipak Misra, by a majority of 2:1 declined to set up a larger bench for a relook of its 1994 verdict which held a “mosque is not an essential part of the practice of Islam”. The apex court will now hear the main Ayodhya title suit from October 29.
Hadiya Case
A 24 year old girl from Kerala married a boy from another religious group and the Kerala High Court invalidated the marriage. In the order authored by CJI Misra set aside the impugned judgment, while allowing continuation of the NIA probe.
Khap Panchayat Case
In this case Hon’ble Supreme Court held that the right to choose life partner is fundamental right, consent of family, community, clan not necessary for marriage between two adults.
The Euthanasia Case
Constitution Bench of Supreme Court of India led by Justice Misra has held that right to die with dignity is a fundamental right. The Bench also held that passive euthanasia and a living will also legally valid. The Court has issued detailed guidelines in this regard.
Meesha Case
Supreme Court bench led by Justice Misra dismissed a petition seeking ban on a Malayalam novel “Meesha” which is about a woman who stood up against caste based practices of worships.
AAP vs. Delhi LG case
In the controversy over who is going to rule Delhi, the Supreme Court led by Justice Misra held that constitutional morality should guide governance and to work in accordance with the rules.
The Midnight hearings
Yakoob Menon death sentence case and the case of Karnataka government formation were the two occasions where Justice Misra was kind enough to allow midnight proceedings to ensure justice is done.
Also Read: The towering and landmark judgments concluded during the tenure of Justice Dipak Misra
Justice Misra shall be remembered as a Judge who has led India into a new era by striking down erstwhile laws and hindrances in the way of fundamental rights and has always acted as a warrior to strengthen the judicial system of India but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
Author:
Anuj Kumar, Editor-in-Chief- Legal Desire
Sanjana Chakraborty, Research Fellow, Legal Desire
Vishal Kumar Singh, Asst. Director-Operations, Legal Desire
The post Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered appeared first on Legal Desire.
Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered published first on https://immigrationlawyerto.tumblr.com/
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Text
Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered
On October 2, 2108, Chief Justice of India Dipak Misra tenure concluded.
No doubts, Justice Dipak Misra’s tenure will be always remembered for historic landmark judgments but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
The judgments passed by his bench will certainly rank him as a Chief Justice who vindicated the spirit of the Constitution through his pronouncements.
Justice Misra joined the Supreme Court bench in the year 2011. In the last eight years, firstly as a judge of the apex court of the country and then as the CJI, Justice Misra was associated with several landmark judgments during his tenure at the Supreme Court. He interpreted the Constitution to expand the scope of fundamental rights. Also, during his tenure as the CJI, four senior judges held a dramatic press conference, which was seen as a mutiny in the Indian judiciary, which has been famous for its brotherhood. Justice Misra’s 13-month tenure as the 45th CJI, of which he assumed office on August 28, 2017 was cinematically eventful, adored by a series of landmark judgments, two unconventional midnight hearings at the Apex Court, differences with the government, rumors of him being nepotistic and an unprecedented press conference by four senior judges of the Supreme Court.
Here in this article we list the controversies surfaced around him and his landmark verdicts as follows:
Controversies
Outside his judicial functions, he dragged the supreme court into a period of chaos and earned the dubious distinction of being the first chief justice against whom an impeachment motion was attempted.
Within a month of Misra taking over as chief justice came what is now called the “medical colleges scam.” A first information report registered by the Central Bureau of Investigation on Sept. 19, 2017 claimed that attempts had been made to manipulate supreme court proceedings to obtain permissions in favour of a medical college run by the Lucknow-based Prasad Education Trust, and named former Odisha High Court judge IM Quddusi as an accused.
In October, activists moved petitions seeking an independent inquiry into the matter. On Nov. 9, the petitions were mentioned before a bench headed by justice J Chelameswar, who was then the second most senior judge, as Misra was presiding over a constitution bench. Chelameswar sought the formation of a five-judge bench to deal with the petitions.
The next day, following an order from a two-judge bench handling a similar petition, a constitution bench was quickly put together to nullify the orders of Chelameswar’s bench. In the process, the power of the chief justice as master of the roster was asserted. Later, the petitions were dismissed.
This resulted in Four senior judges of the supreme court who comprised the collegium at the time—Chelameswar, Ranjan Gogoi, Madan B Lokur, and Kurian Joseph—meeting the press in January and, in the process, laid out a series of questions on the functioning of the chief justice in assigning cases to particular benches.
“The administration of the supreme court is not in order,” the judges said at the press conference. The implication of the statement was clear. There was an attempt to fix benches and senior judges were being kept out of important cases. The independence of the judiciary was in peril.
In the interview, Justice Chelameswar was reported saying that “the administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months. We owe a responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution.”
After the press conference, several opposition party came forward to bring impeachment motion against Dipak Misra. The draft proposal has called Misra’s case as “abuse of authority to arbitrarily assign individual cases to select judges”, according to media reports.
Prasad Education Trust case: One of the cases under the radar is illegal gratification in the Prasad Education Trust case, according to News 18. The case pertains to accepting bribery by medical institutions for getting clearances to set up medical colleges. It has been alleged that Misra had submitted a false affidavit allowing the acquisition of lands to the institutions for building medical colleges.
Justice Loya’s death: Dipak Misra had allegedly refused SC judges’ petition, which demanded an independent probe against Loya’s death, according to the presser of the four senior SC judges.
The impeachment motion was later dismissed by Vice President.
Dipak Misra at the Independence Day function organised in the Supreme Court by the Supreme Court Bar Association, said that it was easy to criticise, attack and destroy a system but instead an endeavour should be made to transform and reform it. “There may be some elements who try to weaken the institution,” but the judiciary will refuse to succumb, Chief Justice Misra said in an apparent reference to discordant voices coming from within the top judiciary and outside.
After the storm of the press conference and impeachment motion, the focus was back on the judicial functions of the chief justice. Despite the protests of the four judges, they continued to be kept off important cases.
Important Judgments by his Bench
Online FIRs
In case of Own Motion vs. State, Justice Misra passed an order directing the Delhi Police to upload the FIRs on the website within 24 hours of their lodging.
Reservation in Promotions case
In another case concerning reservation, Justice Misra and Justice Dalveer Bhandari rejected decision of the Uttar Pradesh government to give reservations in the promotions.
National Anthem case
Justice Misra bench of the Supreme Court had made playing the national anthem in cinema halls mandatory in 2016. However, Justice Dipak Misra-headed bench amended the national anthem ruling twice making it optional to play and stand during the national anthem in the cinema halls.
Right to Reputation case
Hearing petitions filed by a few politicians including Rahul Gandhi from Indian National Congress, Arvind Kejriwal of Aam Aadmi Party and Subramanian Swamy of Bhartiya Janta Party in May 2017, Justice Dipak Misra held reputation of a person could not be allowed to be crucified at the altar of the other’s right of free speech. Justice Dipak Misra ruled, “The right to reputation is a constituent of Article 21 of the Constitution. It is an individual’s fundamental right.” The bench upheld the 156-year-old defamation law. Interestingly in this case top criminal lawyer and father of Hon’ble Justice Uday Umesh Lalit, Mr. U.R. Lalit was appearing as a defense attorney of Rahul Gandhi. However, Justice Misra did not recognize the senior Lalit and went on to inquire about his practice in criminal law.
The 377 verdict
In one of its most celebrated verdicts, Supreme Court declared Section 377 of the IPC as unconstitutional. Section 377 made gay sex a criminal offence with a provision for jail term up to five years. With this, India is now one of the 26 counties were homosexuality is legal.
Adultery Judgment
Last week started with the bench of Supreme Court led by CJI Misra holding Section 497 of the IPC as unconstitutional. Section 497 of the Indian Penal Code deals with Adultery.
Aadhaar Judgment
With a difference of opinion to the Central Government, the Supreme Court upheld the constitutional validity of Aadhaar. The Supreme Court held the constitutionality of Aadhaar but ruled that the UIDAI project could not be made mandatory for any social welfare scheme and availing rights.
On Sabrimala issue
CJI Dipak Misra-led bench said that women of all age are allowed to under the Constitution to enter Sabarimala Temple. Justice Dipak Misra held that religion is a way of life that is meant to link life with dignity.
Can elected representatives practice Law
A PIL was filed by BJP Leader and Sr. Advocate Ashwani Kumar demanding ban on the practice of lawyers who are elected as a MLA/MP or a Minister. The bench led by Justice Misra held that as the profession of an elected representative does not fall within the rule 49 of the Bar Council of India Rules, lawmakers (with a law degree) can practice law as a profession.
Supreme Court Live
The Justice Misra led bench also held that there would be live telecast of the cases involving national and international importance. The bench held that live streaming of the Supreme Court proceedings would bring transparency and accountability to the judicial process and was a step to be taken in public interest.
RamJanmbhoomi-Babri Masjid case(Ayodhya)
A three judge bench headed by Chief Justice Dipak Misra, by a majority of 2:1 declined to set up a larger bench for a relook of its 1994 verdict which held a “mosque is not an essential part of the practice of Islam”. The apex court will now hear the main Ayodhya title suit from October 29.
Hadiya Case
A 24 year old girl from Kerala married a boy from another religious group and the Kerala High Court invalidated the marriage. In the order authored by CJI Misra set aside the impugned judgment, while allowing continuation of the NIA probe.
Khap Panchayat Case
In this case Hon’ble Supreme Court held that the right to choose life partner is fundamental right, consent of family, community, clan not necessary for marriage between two adults.
The Euthanasia Case
Constitution Bench of Supreme Court of India led by Justice Misra has held that right to die with dignity is a fundamental right. The Bench also held that passive euthanasia and a living will also legally valid. The Court has issued detailed guidelines in this regard.
Meesha Case
Supreme Court bench led by Justice Misra dismissed a petition seeking ban on a Malayalam novel “Meesha” which is about a woman who stood up against caste based practices of worships.
AAP vs. Delhi LG case
In the controversy over who is going to rule Delhi, the Supreme Court led by Justice Misra held that constitutional morality should guide governance and to work in accordance with the rules.
The Midnight hearings
Yakoob Menon death sentence case and the case of Karnataka government formation were the two occasions where Justice Misra was kind enough to allow midnight proceedings to ensure justice is done.
Also Read: The towering and landmark judgments concluded during the tenure of Justice Dipak Misra
Justice Misra shall be remembered as a Judge who has led India into a new era by striking down erstwhile laws and hindrances in the way of fundamental rights and has always acted as a warrior to strengthen the judicial system of India but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
Author:
Anuj Kumar, Editor-in-Chief- Legal Desire
Sanjana Chakraborty, Research Fellow, Legal Desire
Vishal Kumar Singh, Asst. Director-Operations, Legal Desire
The post Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered appeared first on Legal Desire.
Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered published first on https://immigrationlawyerto.tumblr.com/
0 notes
Text
Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered
On October 2, 2108, Chief Justice of India Dipak Misra tenure concluded.
No doubts, Justice Dipak Misra’s tenure will be always remembered for historic landmark judgments but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
The judgments passed by his bench will certainly rank him as a Chief Justice who vindicated the spirit of the Constitution through his pronouncements.
Justice Misra joined the Supreme Court bench in the year 2011. In the last eight years, firstly as a judge of the apex court of the country and then as the CJI, Justice Misra was associated with several landmark judgments during his tenure at the Supreme Court. He interpreted the Constitution to expand the scope of fundamental rights. Also, during his tenure as the CJI, four senior judges held a dramatic press conference, which was seen as a mutiny in the Indian judiciary, which has been famous for its brotherhood. Justice Misra’s 13-month tenure as the 45th CJI, of which he assumed office on August 28, 2017 was cinematically eventful, adored by a series of landmark judgments, two unconventional midnight hearings at the Apex Court, differences with the government, rumors of him being nepotistic and an unprecedented press conference by four senior judges of the Supreme Court.
Here in this article we list the controversies surfaced around him and his landmark verdicts as follows:
Controversies
Outside his judicial functions, he dragged the supreme court into a period of chaos and earned the dubious distinction of being the first chief justice against whom an impeachment motion was attempted.
Within a month of Misra taking over as chief justice came what is now called the “medical colleges scam.” A first information report registered by the Central Bureau of Investigation on Sept. 19, 2017 claimed that attempts had been made to manipulate supreme court proceedings to obtain permissions in favour of a medical college run by the Lucknow-based Prasad Education Trust, and named former Odisha High Court judge IM Quddusi as an accused.
In October, activists moved petitions seeking an independent inquiry into the matter. On Nov. 9, the petitions were mentioned before a bench headed by justice J Chelameswar, who was then the second most senior judge, as Misra was presiding over a constitution bench. Chelameswar sought the formation of a five-judge bench to deal with the petitions.
The next day, following an order from a two-judge bench handling a similar petition, a constitution bench was quickly put together to nullify the orders of Chelameswar’s bench. In the process, the power of the chief justice as master of the roster was asserted. Later, the petitions were dismissed.
This resulted in Four senior judges of the supreme court who comprised the collegium at the time—Chelameswar, Ranjan Gogoi, Madan B Lokur, and Kurian Joseph—meeting the press in January and, in the process, laid out a series of questions on the functioning of the chief justice in assigning cases to particular benches.
“The administration of the supreme court is not in order,” the judges said at the press conference. The implication of the statement was clear. There was an attempt to fix benches and senior judges were being kept out of important cases. The independence of the judiciary was in peril.
In the interview, Justice Chelameswar was reported saying that “the administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months. We owe a responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution.”
After the press conference, several opposition party came forward to bring impeachment motion against Dipak Misra. The draft proposal has called Misra’s case as “abuse of authority to arbitrarily assign individual cases to select judges”, according to media reports.
Prasad Education Trust case: One of the cases under the radar is illegal gratification in the Prasad Education Trust case, according to News 18. The case pertains to accepting bribery by medical institutions for getting clearances to set up medical colleges. It has been alleged that Misra had submitted a false affidavit allowing the acquisition of lands to the institutions for building medical colleges.
Justice Loya’s death: Dipak Misra had allegedly refused SC judges’ petition, which demanded an independent probe against Loya’s death, according to the presser of the four senior SC judges.
The impeachment motion was later dismissed by Vice President.
Dipak Misra at the Independence Day function organised in the Supreme Court by the Supreme Court Bar Association, said that it was easy to criticise, attack and destroy a system but instead an endeavour should be made to transform and reform it. “There may be some elements who try to weaken the institution,” but the judiciary will refuse to succumb, Chief Justice Misra said in an apparent reference to discordant voices coming from within the top judiciary and outside.
After the storm of the press conference and impeachment motion, the focus was back on the judicial functions of the chief justice. Despite the protests of the four judges, they continued to be kept off important cases.
Important Judgments by his Bench
Online FIRs
In case of Own Motion vs. State, Justice Misra passed an order directing the Delhi Police to upload the FIRs on the website within 24 hours of their lodging.
Reservation in Promotions case
In another case concerning reservation, Justice Misra and Justice Dalveer Bhandari rejected decision of the Uttar Pradesh government to give reservations in the promotions.
National Anthem case
Justice Misra bench of the Supreme Court had made playing the national anthem in cinema halls mandatory in 2016. However, Justice Dipak Misra-headed bench amended the national anthem ruling twice making it optional to play and stand during the national anthem in the cinema halls.
Right to Reputation case
Hearing petitions filed by a few politicians including Rahul Gandhi from Indian National Congress, Arvind Kejriwal of Aam Aadmi Party and Subramanian Swamy of Bhartiya Janta Party in May 2017, Justice Dipak Misra held reputation of a person could not be allowed to be crucified at the altar of the other’s right of free speech. Justice Dipak Misra ruled, “The right to reputation is a constituent of Article 21 of the Constitution. It is an individual’s fundamental right.” The bench upheld the 156-year-old defamation law. Interestingly in this case top criminal lawyer and father of Hon’ble Justice Uday Umesh Lalit, Mr. U.R. Lalit was appearing as a defense attorney of Rahul Gandhi. However, Justice Misra did not recognize the senior Lalit and went on to inquire about his practice in criminal law.
The 377 verdict
In one of its most celebrated verdicts, Supreme Court declared Section 377 of the IPC as unconstitutional. Section 377 made gay sex a criminal offence with a provision for jail term up to five years. With this, India is now one of the 26 counties were homosexuality is legal.
Adultery Judgment
Last week started with the bench of Supreme Court led by CJI Misra holding Section 497 of the IPC as unconstitutional. Section 497 of the Indian Penal Code deals with Adultery.
Aadhaar Judgment
With a difference of opinion to the Central Government, the Supreme Court upheld the constitutional validity of Aadhaar. The Supreme Court held the constitutionality of Aadhaar but ruled that the UIDAI project could not be made mandatory for any social welfare scheme and availing rights.
On Sabrimala issue
CJI Dipak Misra-led bench said that women of all age are allowed to under the Constitution to enter Sabarimala Temple. Justice Dipak Misra held that religion is a way of life that is meant to link life with dignity.
Can elected representatives practice Law
A PIL was filed by BJP Leader and Sr. Advocate Ashwani Kumar demanding ban on the practice of lawyers who are elected as a MLA/MP or a Minister. The bench led by Justice Misra held that as the profession of an elected representative does not fall within the rule 49 of the Bar Council of India Rules, lawmakers (with a law degree) can practice law as a profession.
Supreme Court Live
The Justice Misra led bench also held that there would be live telecast of the cases involving national and international importance. The bench held that live streaming of the Supreme Court proceedings would bring transparency and accountability to the judicial process and was a step to be taken in public interest.
RamJanmbhoomi-Babri Masjid case(Ayodhya)
A three judge bench headed by Chief Justice Dipak Misra, by a majority of 2:1 declined to set up a larger bench for a relook of its 1994 verdict which held a “mosque is not an essential part of the practice of Islam”. The apex court will now hear the main Ayodhya title suit from October 29.
Hadiya Case
A 24 year old girl from Kerala married a boy from another religious group and the Kerala High Court invalidated the marriage. In the order authored by CJI Misra set aside the impugned judgment, while allowing continuation of the NIA probe.
Khap Panchayat Case
In this case Hon’ble Supreme Court held that the right to choose life partner is fundamental right, consent of family, community, clan not necessary for marriage between two adults.
The Euthanasia Case
Constitution Bench of Supreme Court of India led by Justice Misra has held that right to die with dignity is a fundamental right. The Bench also held that passive euthanasia and a living will also legally valid. The Court has issued detailed guidelines in this regard.
Meesha Case
Supreme Court bench led by Justice Misra dismissed a petition seeking ban on a Malayalam novel “Meesha” which is about a woman who stood up against caste based practices of worships.
AAP vs. Delhi LG case
In the controversy over who is going to rule Delhi, the Supreme Court led by Justice Misra held that constitutional morality should guide governance and to work in accordance with the rules.
The Midnight hearings
Yakoob Menon death sentence case and the case of Karnataka government formation were the two occasions where Justice Misra was kind enough to allow midnight proceedings to ensure justice is done.
Also Read: The towering and landmark judgments concluded during the tenure of Justice Dipak Misra
Justice Misra shall be remembered as a Judge who has led India into a new era by striking down erstwhile laws and hindrances in the way of fundamental rights and has always acted as a warrior to strengthen the judicial system of India but his tenure will also be remembered for the controversies that have surrounded him at the top post of the apex court. Perhaps the most controversial tenure in the history of the supreme court of India.
Author:
Anuj Kumar, Editor-in-Chief- Legal Desire
Sanjana Chakraborty, Research Fellow, Legal Desire
Vishal Kumar Singh, Asst. Director-Operations, Legal Desire
The post Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered appeared first on Legal Desire.
Between Controversies to Landmark Verdicts: This is why 45th CJI Dipak Misra tenure will be remembered published first on https://immigrationlawyerto.tumblr.com/
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