IPC's Section 377: Supreme Court to hear plea for relook on verdict on gay sex today

February 2, 2016

New Delhi, Feb 2: The Supreme Court on Tuesday will hold an open court hearing of the curative petition by NGO Naz Foundation seeking relook at its verdict upholding the validity of Indian Penal Code's section 377 criminalising gay sex.

gaysex

A bench of three seniormost judges - Chief Justice T.S. Thakur, Justice Anil R. Dave and Justice Jagdish Singh Khehar - would hold the open court of the issue that caused flutters both in legal circles and amongst gay rights activitsts after top court by its December 12, 2013 upheld the validity of section 377.

The apex court by its order of December 12, 2013 and subsequently in the review petition on January 28, 2014, upheld the validity of section 377, finding no constitutional infirmity in the penal provision that criminalises homosexuality.

Upholding the validity of section 377, the court had set aside the Delhi High Court verdict of July 2, 2009 by which it had read down section 377 and decriminalising consensual sex between the adults of same gender.

The then bench of Chief Justice P.Sathasivam, Justice R.M.Lodha, Justice H.L.Dattu and Justice S.J.Mukhopadhaya (all retired since then) had on April 3, 2014, directed the hearing of the curative petition in open court after they considered the plea by Naz Foundation in their chambers.

The NGO had moved the Supreme Court seeking to cure "gross miscarriage of justice" in its judgment upholding the validity of section 377. It had contended that 2013 amendment to section 375, which deals with rape, had held consensual sex between an adult male and woman was not an offence.

The curative petition had said that by implication, such sexual acts between man and woman, which are consensual, are no longer prohibited.

Consequently, these consensual acts between man and woman have been taken out of the ambit of section 377, otherwise the amended Section 375 would be rendered redundant, it contended, adding that section 377 now effectively only criminalises all forms of penetrative sex, including, penile-anal sex and penile oral sex, which makes it ex facie discriminatory against homosexual men and transgender persons and thus violative of article 14 of the constitution.

It had said that the amendments to section 375 were carried out after the judgment in the gay sex case was reserved and the parties did not have a chance to address the court on the issue, and the court ought to have heard the parties on the effect of the amendments to section 375 on Section 377.

The curative petition said that court had erred in upholding the classification between carnal intercourse in the ordinary course of nature and carnal intercourse against the order of nature under section 377, without recording a finding on the carnal intercourse against the order of nature. And whether there is a rational nexus with the object of legislation on this count.

The impugned judgment, it said, "reflects an issue bias against the LGBT persons, as evident from such observations like "the so-called rights of LGBT persons" and "miniscule fraction of the country's population" which vitiates the judgment and renders it a nullity.

Comments

TR
 - 
Tuesday, 2 Feb 2016

This is the period nearing end of the world, where BAD will over take up on GOOD. LIES and DECEPTION will over take TRUTH.

MAY ALLAH SUBHANAHU save us from the company of such People.

PONDER
 - 
Tuesday, 2 Feb 2016

Prophet Lut lived at the same time as Prophet Ibrahim. The old testament says that LUT (AS) was Prophet Ibrahim's nephew and that they traveled some distance together in Ibrahim's long journeys. Lut was sent as a messenger to one of the Ibrahim's neighboring communities. These people as QURAN tells us, practiced a perversion unknown to the world up to then Namely SODOMY. When LUT told them to give up this Perversion and brought them ALLAH's warning THEY DENIED HIM. refused his prophethood and carried on with their DESIRE. In the END people were destroyed by a DREADFUL DISASTER.
The QURAN: (26 :161 - 174)
When their brother LUT said to them \Will YOU not fear ALLAH\"?
Indeed, Im to YOU a trustworthy Messenger.
So fear ALLAH and obey me
And I do not ask for it any PAYMENT. My payment is only from the lord of the worlds.
DO YOU approach MALES among the worlds
And leave what YOUR LORD has created for YOU as MATES? But YOU (GaY) are a people TRANSGRESSING.\"
They said \"If you do not desist, O LUT, YOu wil surely be of those evicted.\"
He Said \"Indeed I'm toward your deed, of those who detest (it)
My Lord, save me and my family from (the consequence of) WHAT THEY DO\"
So We (ALLAH) saved him and his family, all,
Except an old women those who remained behind.
Then We destroyed the others.
And we rained upon them a rain (of stones) and evil was the rain of those who were WARNED.
Indeed in that is a SIGN, but MOST of them were not to be BELIEVERS>"

AK
 - 
Tuesday, 2 Feb 2016

I hope india will not fall for such dirty acts & follow the evils agenda which is injected from america.
Ya ALLAH save us from this evil act becoming legal.

AK
 - 
Tuesday, 2 Feb 2016

I hope india will not fall for such dirty acts & follow the evils agenda which is injected from america.
Ya ALLAH save us from this evil act becoming legal.

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Agencies
June 7,2020

New Delhi, Jun 7: A day after India and China military commanders held "cordial and positive" talks at Chushul-Moldo point along the Line of Actual Control in Eastern Ladakh, Ministry of External Affairs said the two countries have agreed to "peacefully" resolve the situation in the border areas by continuing the military and diplomatic engagements.

The Indian delegation led by 14 Corps Commander Lt Gen Harinder Singh on Saturday met his Chinese equivalent Maj Gen Liu Lin, who is the commander of South Xinjiang Military Region of the Chinese People's Liberation Army, to address the ongoing tussle in Eastern Ladakh.

In a statement on Sunday, the MEA said that the meeting between the Corps Commander based in Leh and the Chinese Commander took place in a "cordial and positive atmosphere".

"Both sides agreed to peacefully resolve the situation in the border areas in accordance with various bilateral agreements and keeping in view the agreement between the leaders that peace and tranquillity in the India-China border regions is essential for the overall development of bilateral relations," the statement read.

They also noted that this year marked the 70th anniversary of the establishment of diplomatic relations between the two countries and agreed that an early resolution would contribute to the further development of the relationship.

"Accordingly, the two sides will continue the military and diplomatic engagements to resolve the situation and to ensure peace and tranquillity in the border areas," it further read.

China has moved its troops along the Line of Actual Control (LAC) in the Eastern Ladakh areas including the Finger area, Pangong Tso Lake, and Galwan Nala area.

The meeting between military commanders was to discuss and resolve the stand-off in Eastern Ladakh.

Following the meeting, the Army Headquarters' Directorate General of Military Operations also briefed the Ministry of External Affairs and other concerned government officials about the discussions.

On Friday, officials of India and China interacted through video-conferencing with the two sides agreeing that they should handle "their differences through peaceful discussion" while respecting each other's sensitivities and concerns and not allowing them to become disputes in accordance with the guidance provided by the leadership.

In the last few days, there has not been any major movement of the PLA troops at the multiple sites where it has stationed itself along the LAC opposite Indian forces.

The Chinese Army's intent to carry out deeper incursions was checked by the Indian security forces by quick deployment.

The Chinese have also brought in heavy vehicles with artillery guns and infantry combat vehicles in their rear positions close to the Indian territory.

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Agencies
August 8,2020

Kozhikode, Aug 8: The death toll in Kozhikode air crash is likely to rise as the condition of 22 injured passengers is said to be extremely critical. A total of 149 injured passengers have been admitted to hospitals in Malappuram and Kozhikode districts. 22 others have been discharged after first aid, says K Gopalakrishnan, Malappuram Collector

Deceased passengers:
Mohammed Riyas VP, 24 years - Palakkad, 
Saheer Sayed, 38 years -Malappuram, 
Lailabi KV, 51 years -Malappuram, 
Rajeevan Cherikka Parambil, 61 years - Kozhikode, 
Manal Ahamed, 25 years - Kozhikode, 
Sharafudheen, 35 years - Kozhikode, 
Janaky Kunnoth, 55 years - Kozhikode, 
Azam Muhammed Chembayi ,1 year - Kozhikode, 
Santha Marakkat, 59 years - Malappuram, 
Sudheer Vaariyath, 45 years -Malappuram, 
Sheza Fathima, 2 years -Malappuram, 
Remya Muraleedharan, 32 years - Kozhikode
Aysha Dua, 2 years – Palakkad 
Shivathmika, 5 Years- Kozhikode
Zhenobia, 40 years – Kozhikode
Sahira Banu, 29 years - Kozhikode

Deceased crew:
Deepak Sathe (Pilot)
Akhilesh Kumar (Copilot)

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News Network
April 19,2020

New Delhi, Apr 19: The government on Sunday prohibited the sale of non-essential items through e-commerce platforms during the ongoing lockdown, four days after allowing such companies to sale mobile phones, refrigerators and ready-made garments.

Union Home Secretary Ajay Bhalla issued an order excluding the non-essential items from sale by the e-commerce companies from the consolidated revised guidelines, which listed the exemption given to the services and people from the purview of the lockdown.

The order said the following clause "E-commerce companies. Vehicles used by e-commerce operators will be allowed to ply with necessary permissions" is excluded from the guidelines.

The previous order had said such items were allowed for sale through e-commerce platforms from April 20.

However, the reason for reversing the order is not known immediately.

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