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
January 7,2020

New Delhi, Jan 7: Services at various bank branches and ATMs are likely to be affected as hundreds of employees will go on a bank strike across the country on Wednesday.

The bank strike is part of the Bharat Bandh call given by trade unions to protest against the labour reforms and economic policies of the Central government, according to reports.

The protestors' main demand during the Bharat Bandh is that the Centre should drop the proposed labour reforms.

A Bill in this regard was passed and proposes to merge 44 labour laws into four codes -- wages, industrial relations, social security, and safe working conditions.

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Agencies
June 6,2020

New Delhi, Jun 6: Bookings for select destinations in the USA, Canada, UK and Europe etc under Phase3 of Mission Vande Bharat opened at 5 pm on Friday, according to Air India.

"#FlyAI: Bookings for select destinations in USA, Canada, UK & Europe etc under Phase3 of #MissionVandeBharat opened at 5pm today. Around 60 million hits received till 7pm on our website & 1700 seats sold through website alone in 2 hrs. Bookings continue & tickets are being issued," the national carrier said in a tweet on Friday.

The third phase of the mission will begin from June 11 and continue till June 30.

Air India will operate five flights in the third phase of Vande Bharat Mission to evacuate almost 1,200 Indians nationals stranded in the United Kingdom between June 18 to June 23.

Air India will operate 70 flights in the third phase of Mission Vande Bharat to evacuate Indians stranded in the US and Canada between June 11 to June 30, Civil Aviation Minister Hardeep Singh Puri had said. 

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News Network
July 1,2020

Bengaluru, Jul 1: A day after the Government banned several Chinese apps, popular short-form video app Mitron reported that its daily traffic jumped up by more than 11 times.

Just 5 days after crossing the 10 million (1 crore) downloads milestone, Mitron has now announced that the app has been downloaded by 17 million (1.7 crore) users in India. Mitron app has been one of the most downloaded apps in India during the last two months.

"It is incredibly exciting to see the rapid adoption of Mitron by Indian users. 11-fold jump in traffic, immediately after the ban of Chinese apps, was beyond our expectations," said Shivank Agarwal, Founder, and CEO, Mitron.

Anish Khandelwal, Founder and CTO said, " We have built a solid backend infrastructure and our platform is now completely scalable and autonomous and that is helping us to cater to the sharp rise in traffic on Mitron App."

Mitron has been rapidly enhancing the product with several improvements for the users including an updated video upload process that is much easier, enhanced audio library with a wide choice of Indian content, and a feature that enables users to flag any inappropriate content easily.

Users uploaded millions of videos in 10 different languages and the number of videos viewed on the platform increased sharply to cross 30 million video views per hour.

Shivank added "We are a young company and we are hiring some of the best product & engineering talent to scale up Mitron rapidly. We are confident that we can build Mitron into one of the best apps in the short-form video space. Our focus is on building features and content that uniquely resonates with Indian users, while being sensitive to community standards and local laws in India and we believe that will help us build Mitron into a very large business."

Founded by two Computer Science engineers, Shivank Agarwal (alumnus of IIT Roorkee) and Anish Khandelwal (alumnus of Visvesvaraya National Institute of Technology), Mitron app is a short-form video app that allows users to create, upload and view entertaining short videos.

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