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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News Network
January 21,2020

Lucknow, Jan 21: Defending his brainchild, the Citizenship Amendment Act (CAA), Union home minister Amit Shah on Tuesday said the new law will not be scrapped despite the countrywide protests against it.

Addressing a rally here to drum up support for the CAA, Shah also declared that construction of a Ram temple "touching the skies" in Ayodhya will begin within three months.

He said there is no provision in the amended law for taking anyone's citizenship away. "A canard is being spread against the CAA by the Congress, SP, BSP, and Trinamool Congress. The CAA is a law to grant citizenship," he added.

"I want to say that irrespective of the protests this will not be withdrawn," he added.

Shah challenged Congress leaders to hold a discussion with him on CAA at a public forum.

He named Congress leader Rahul Gandhi, Samajwadi Party's Akhilesh Yadav, Bahujan Samaj Party's Mayawati and TMC chief Mamata Banerjee while throwing the "challenge".

Congress has become blind due to vote bank politics,"he said. He also blamed the Congress for Partition.

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News Network
January 15,2020

Kolkata, Jan 15: The arrows of Mahabharata's Arjuna had atomic power, claimed West Bengal Governor Jagdeep Dhankhar, drawing sharp criticism from academicians, even as he joined a long list of politicians who have in recent years given bizarre interpretations linking mythology with science.

Speaking at the 45th Eastern India Science Fair and 19th Science and Engineering Fair on Tuesday, Dhankhar also claimed that flying objects existed during the period of Ramayana.

"It is said that the plane was invented in 1910 or 1911, but if we delve into our old scriptures we will see in Ramayana, we had 'uran khatola' (aircraft)," he said.

"Sanjaya narrated the entire war of Mahabharata (to Dhitarasthra) not from TV. The arrows of Arjuna in Mahabharata had atomic power in it," Dhankhar said, asserting that the world can no longer afford to ignore India.

According to Sanskrit epic Mahabharata, Sanjay, even after staying away from the battlefield, had narrated what was happening there to Dhritarashtra, who was blind.

Dhankhar, who has been in news for clashes with the Mamata Banerjee government ever since he assumed office in July last year, joins politicians such as Tripura Chief Minister Biplab Deb and UP deputy chief minister Dinesh Sharma to give odd interpretations of mythology.

While Deb had claimed that the internet existed during Mahabharata, Sharma suggested that godess Sita was a test tube baby.

Recently, Puducherry Lt Governor Kiran Bedi was trolled online for sharing a doctored video that claimed, "NASA recorded sound of sun -- Sun chants Om".

Indologist Nrisingha Prasad Bhaduri said governors appointed by the BJP government at the Centre are delving into everything and behave "as if they are know-alls".

"They fail to understand one thing that great writers have very strong power of imagination," Bhaduri said.

Scientist Sandip Chakraborty said such comments only hurt the scientific progress in India at the global forum.

"The ancient writers described all these things based on their imagination. It is true that India made a lot of progress during the ancient period, but such comments only damages the progress made by our scientific community," he said.

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News Network
April 9,2020

Thiruvananthapuram, Apr 9: Kerala, which was among the first state in the country to report a Corona positive case, has turned its entire public healthcare system into a single interconnected grid to generate uninterrupted information and provide flawless services, thanks to the daily zoom or video conferences of top health authorities for chalking out a dynamic strategy to tackle the COVID-19 pandemic.

The daily zoom or remote conferences held by Health Minister K K Shailaja and top health sector officials with the medical and paramedical personnel on the ground have lent a cutting edge to the state government’s all out efforts in monitoring the situation on the ground and formulating effective responses to address the various needs and concerns of the people, an official release said on Thursday.

The Minister is joined in this meticulous exercise by top administrators and planners, including Dr Rajan N Khobragade, Principal Secretary, Health; Dr. Rathan U Kelker, State Mission Director, National Health Mission, Dr Saritha, Director of Health Services, Dr Ramla Beevi, Director of Medical Education and other senior officials.

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