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
July 14,2020

Mumbai, Jul 14: Bhima Koregaon case accused Varavara Rao was admitted to JJ Hospital in Mumbai on Monday night.

Rao who is in Taloja proson was rushed to the hospital following complaint of dizziness.

Rao was arrested in November 2018 along with five others, for alleged links with Naxals and for inciting the violence.

On January 1, 2018, the violence at Bhima Koregaon village in Pune district left one dead and several others injured including 10 policemen.

Violence erupted after some people, reportedly with saffron flags, pelted stones at cars heading towards the village for the commemoration of 200 years of Bhima-Koregaon war on New Year's Day.

The police had filed 58 cases against 162 people.

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News Network
March 12,2020

Bhopal, Mar 12: The Madhya Pradesh Congress on Thursday took a dig at Jyotiraditya Scindia, who broke ranks with the party and joined BJP on Wednesday, by pointing out that neither Prime Minister Narendra Modi nor Amit Shah had not even put out as much a tweet to welcome him in the party, and construed it as "humiliation" for the "maharaja".

"Not even a tweet by Narendra Modi-ji or Amit Shah-ji to welcome Scindia-ji! Modi-ji, Shah-ji, at least do not do it so soon. It has not even been 24 hours yet and you guys have already started humiliating him...!" Madya Pradesh Congress tweeted in Hindi.

Taking a jibe at Mr Scindia, a member of the erstwhile royal family of Gwalior who ended his 18-year-long association with the Congress party on a bitter note, the state Congress said: "He is a maharaja, the one whose history is often mentioned by Shivraj-ji (former Madhya Pradesh Chief Minister Shivraj Singh Chouhan)."

On Wednesday, Jyotiraditya  Scindia joined BJP in New Delhi in the presence of party president JP Nadda. He had resigned from Congress a day earlier after meeting Amit Shah and Prime Minister Narendra Modi.

Mr Scindia will file his nomination for the Rajya Sabha elections on March 13. He is expected to go to Bhopal today.

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News Network
June 7,2020

Bhopal, June 7: In a shocking incident of medical cruelty, an 80-year-old man was tied to a hospital bed in Madhya Pradesh after he allegedly failed to make payment of fees for his treatment. The incident took place at the City Hospital in Shajapur.  

The hospital, however, claimed that he was having convulsions and as a result had his hands and legs tied so that he could not hurt himself.

The man’s family members have accused the hospital authorities of resorting to the heinous act after they failed to pay a fee of Rs 11,000 for his treatment at the. 

“We had deposited a bill of Rs 5,000 at the time of admission but when the treatment took a few more days, we did not have the money to pay the bill,” his daughter told the channel.

The hospital, however, maintained that the man was shackled because he was suffering from an electrolyte imbalance. “He was having convulsions because of electrolyte imbalance,” an unidentified doctor said. “We tied him so that he could not hurt himself.” 
The doctor claimed the hospital had waived off the man’s bill on “humanitarian grounds”.

Chief Minister Shivraj Singh Chouhan took cognizance of the matter and promised strict action against the hospital authorities. 

The Shajapur administration has also ordered an inquiry and has sent a police team to the hospital for investigation, the district collector told media persons.

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