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
February 3,2020

New Delhi, Feb 3: In the third such incident inside of a week, two unidentified persons opened fire outside Gate No. 5 of Jamia Millia Islamia on Sunday night, the Jamia Coordination Committee (JCC) said.

A statement issued by the committee, a group comprising students and alumni of the university formed to protest against the Citizenship Amendment Act, said the attackers were on a red Rcooty.

No one was injured in the attack. One of the miscreants was wearing a red jacket, the statement said.

"Firing has taken place at Gate No.5 of Jamia Millia Islamia right now by two unidentified persons. As per report, one of them was wearing a red jacket and driving a red Scooty having vehicle no. 1532 or 1534," the statement said.

Police said they were verifying the JCC's claims.

Asim Mohammed Khan, former Congress MLA from Okhla, said the incident occurred around 11.30 pm. "We heard the gunshot. That is when we stepped out to see and the two men left on a Scooty," a student said.

"We have taken down the vehicle number and called police," he added.

This is the third firing incident in the Jamia Nagar area in a week.

On Thursday, a minor fired at anti-CAA protesters marching towards Rajghat, injuring a student.

Two days later, a 25-year-old fired two rounds in air in Shaheen Bagh in Jamia Nagar. No one was hurt in the incident.

The incident on Sunday night triggered panic in the area. A police vehicle had reached the spot after the incident but was chased away by angry students.

Hundreds of students and locals gathered outside the university.

Many raised slogans against the Delhi Police. They also staged a dharna outside the Jamia Nagar police station.

Shezad Ahmed, a JMI student and resident of Zakir Nagar, said they were not even allowed to protest peacefully.

"We are not going to be deterred by such incidents. We will continue with our protest," he added.

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News Network
June 12,2020

New Delhi, Jun 12: India's COVID-19 tally on Friday witnessed its highest-ever spike of 10,956 cases, according to the Union Ministry of Health and Family Welfare (MoHFW).

396 deaths have been reported due to the infection during the last 24 hours.

The total number of coronavirus cases in the country now stands at 2,97,535 including 1,41,842 active cases, 1,47,195 cured/discharged/migrated and 8,498 deaths.

COVID-19 cases in Maharashtra continue to soar with the number reaching 97,648. Tamil Nadu's coronavirus count stands at 38,716 while cases in Delhi reached 34,687.

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News Network
January 30,2020

New Delhi, Jan 30: Tension spiralled in Jamia Nagar on Thursday after a man fired a pistol at a group of anti-CAA protesters, injuring a Jamia Millia Islamia student before walking away while waving the firearm above his head and shouting "Yeh lo aazadi" amid heavy police presence in the area.

Massive protests erupted in the area after the incident with hundreds of agitated people gathering near the university, breaking barricades and clashing with police personnel.

The man, who identified himself as "Rambhakt Gopal", was subsequently overpowered by police and detained. He was taken into custody and was being interrogated, police said.

The entire drama, which triggered panic in the area, was captured by television cameras that showed the man in light coloured pants and a dark jacket, walking away on an empty road barricaded by police, turning around and shouting at the protesters in Hindi, "Here, take this freedom."

The gunman went live on Facebook before the brandishing the gun. Police said they were verifying whether it is his real name.

Before the attack, the man also put out messages on Facebook stating "Shaheen Bhag Khel Khatam" (Run Shaheen, the game is over). Another message stated, "Please wrap me in saffron in my last journey with slogans of Jai Shri Ram". His Facebook profile was deleted after screenshots of his posts were circulated widely on social media platforms.

Several students recapped how their peaceful march on Gandhi's death anniversary became violent.

"We were moving towards the Holy Family Hospital where the police had raised barricades. Suddenly, a gun-wielding man came out and opened fire. One bullet hit my friend's hand," Aamna Asif, a student of economics at the university, told PTI.

She said her friend, Shadab Farooq, a mass communication student, was trying to calm the attacker but he shot at him injuring his left hand.

Farooq, who belongs to Kashmir, was taken to the AIIMS Trauma Centre.

Ragibh Naushad, an LLB student at the university, said, "The Jamia Coordination Committee organised a march to pay homage to Gandhi ji on his death anniversary. It started at 12 noon from Gate number 7, but police denied the permission and stopped the march near the Holy Family hospital.

"A man named Gopal, came there and started brandishing a weapon and later shot a round. He was also chanting pro-CAA slogans."

The incident led to panic in the area.

Khalid Hassan, a JMI alumnus, said initially many were not sure whether it was a gunshot or a tyre burst.

There was heavy police and media presence when the incident took place.

The students were heading from Jamia to Mahatma Gandhi's memorial Rajghat. The march was stopped at the Holy Family Hospital near the university.

Chinmoy Biswal, DCP (southeast), said the students wanted to take out a march from Jamia to Rajghat but were denied permission.

"They were being repeatedly told that the protest should be carried out peacefully. We had barricaded the road just before the Holy Family hospital. Meanwhile, a person was seen in the crowd who waved something which appeared to be a weapon."

"We have detained him and are interrogating him. One person has also been injured," Biswal said.

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