Discrimination against gays will go if criminality of section 377 is removed: SC

Agencies
July 12, 2018

New Delhi, Jul 12: The Supreme Court today said the social stigma and discrimination attached to the LGBTQ community would go if criminality of consensual gay sex is done away with, while maintaining that it would scrutinise the legal validity of section 377 of the IPC in all its aspects.

A five-judge bench headed by Chief Justice Dipak Misra, hearing a clutch of petitions challeging the constitutional validity of the 158-year-old penal law, also rejected a proposal of lawyers, seeking retention of section 377, that public opinion should be elicited on the matter, saying it did not want a referendum but would go by constitutional morality.

The bench took note of the vehement opposition of these lawyers and their allegation that the Centre has taken a "U-turn" in the case.

"On the mere concession of the Centre, we will not say that the section is ultra-vires. We will have to analyse every aspect. We will do a detailed analysis of Section 377 and its constitutional validity," the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

"We will try to see whether section 377 of the IPC can stand the test of fundamental rights enshrined under Articles 14 (right to equality), 19 (freedom of speech and association) and 21 (right to life and liberty) of the Constitution," the bench said. 

It also objected to the submission of lawyer Manoj George that the Centre has made a U-turn on its stand and said that several verdicts including the one on right to privacy have come in the meanwhile and it would not be appropriate to call it a "U-turn".

The court observed that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community which has also adversely impacted their mental health.

The bench asked lawyer Maneka Guruswamy, who was appearing for a petitioner, whether there was any law, rule, regulation, bye-law or guideline which barred or restrained homosexuals from availing any right which are available to others.

"There are no such provisions," she said.

The bench then said the LGBTQ (lesbian, gay, bisexual, transgender and queer) community faced the stigma because of the criminality attached to consensual same-sex relationship.

"Once the criminality (under section 377) goes, then everything will go (social stigma, discrimination etc)," it said.

"Over the years, we have created an environment in the Indian society which has led to deep-rooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also," the bench said on the third day of crucial hearing to decide the constitutional validity of Section 377 of the IPC.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. 

Referring to the provision of the Mental Health Care Act, the bench said "it also recognises the fact that such persons cannot be discriminated against on the ground of sexual orientation".

The observations came when senior advocate C U Singh, appearing for one of the intervenors, said mere striking down of section 377 will not serve the purpose as the LGBTQ community were being discriminated against on various counts.

"This community feels inhibited as they do not even get proper medical care because of the prejudice," Justice Malhotra said, adding even medical professionals do not maintain confidentiality.

The advancing of arguments remained inconclusive and would resume July 17. 

Yesterday, the government had left it to the apex court to test the constitutional validity of section 377, urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.

Taking note of the Centre's submission that other issues like gay marriages, adoption and ancillary civil rights of LGBTQ community should not be dealt, the court said it was not considering all these issues.

The bench had said it would test the validity of the law in relation to the consensual sexual acts of two adults and if it decides to strike down the penal provision then it would remove "ancillary disqualification" of LGBTQ community members which can join services, contest elections and form associations.

Lawyer Guruswamy had yesterday referred to reports of Indian and American psychiatric bodies and said homosexuality was a normal sexual orientation.

Terming the law as a "terrible colonial legacy", she had said it violated Articles 15 (discrimination on sex), 14 (equality), 19 (liberty) and 21 of the Constitution and has a "chilling effect" on the sexual minority.

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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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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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Agencies
July 7,2020

Bhopal, Jul 7: Anil Mishra, personal assistant to BJP Rajya Sabha MP Jyotiraditya Scindia, has tested positive.

He has been accompanying Scindia throughout his tours post-corona infection.

His contact trail is longer than that of Scindia. He has been in touch with Chief Minister Shivraj Singh Chouhan.

Mishra was present during Scindia's meetings with the MLAs and the swearing in ceremony of the MP ministry on July 2.

BJP sources say there is concern over the possible list of people who will be put in isolation to check the spread of the virus.

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