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
July 20,2020

Aligarh, Jul 20: The son of a motor mechanic in Aligarh, who had received a scholarship, topped at his high school in the United States.

Mohammad Shadab, son of the motor mechanic, told ANI, "Last year, I received the Kennedy-Lugar youth exchange scholarship worth Rs 20 lakh from the US government. Following this, I went to the States to pursue my high school education."

Out of 800 students, Shadab was also selected Student of the Month at his school. On his achievement, he said, "It was an achievement for me to be awarded this tag."

"I have worked really hard to top the high school," Shabad said.

Shadab said, "The condition at home was not good and it is still not that good. I want to support my parents and make them feel proud."
He also thanked the Indian government. "I am thankful to the Indian government for making me the flag-bearer in another county and choosing me for this scholarship."

Shabad's father, Arshad Noor, who is working as a motor mechanic for the past 25 years, said, "We had sent him to the US for his education and I am happy that he topped at the school."
On being asked about his son, Arshad said, "I want my son to become an IAS officer and serve the country."

But Shadab expressed the desire to work at the United Nations as a human rights officer.

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August 6,2020

New Delhi Aug 6: In a new twist in the Vijay Mallya case, a certain document connected with the case in the Supreme Court has gone missing from the apex court files. 

A bench comprising Justices U.U. Lalit and Ashok Bhushan adjourned the hearing to August 20.

It was hearing the review plea filed by Mallya against a July 14, 2017 judgment wherein he was found guilty of contempt for not paying Rs 9,000 crore dues to banks despite repeated directions, although he had transferred $40 million to his children.

The bench was looking for a reply on an intervention application, which it seemed has gone missing from the case papers.Parties involved in the case sought more time to file fresh copies.

On June 19, the Supreme Court sought explanation from its registry regarding Mallya's appeal against the May 2017 conviction in the contempt case for not repaying Rs 9,000 crore dues to banks not listed for the last 3 years.

A bench comprising Justices Lalit and Bhushan had asked the Registry to furnish all the details including names of the officials who had dealt with the file concerning the Review Petition for last three years.

The bench said according to the record, placed before it, the review petition was not listed before the court for last three years. "Before we deal with the submissions raised in the Review Petition, we direct the Registry to explain why the Review Petition was not listed before the concerned Court for last three years," said the bench.In May 2017, the apex court held him guilty of contempt of court for transferring $40 million to his children, and ordered him to appear on July 10 to argue on the quantum of punishment.

The bench said let the explanation be furnished within two weeks. "The Review Petition shall, thereafter, be considered on merits," it added.In 2017, the apex court passed the order on a contempt petition against Mallya by a consortium of banks led by the SBI. 

The banks claimed Mallya transferred $40 million from Daigeo to his children's accounts, and did not use this money to clear his debt. Banks cited this as violation of judicial orders.

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July 18,2020

Jaipur, Jul 18: BJP leader Laxmikant Bhardwaj filed a complaint against Congress leaders including Randeep Surjewala and Govind Singh Dotasra for associating Union Minister Gajendra Singh Shekhawat's name with an alleged audio clip related to "conspiring to topple" the elected government led by Chief Minister Ashok Gehlot in Rajasthan.

"Mahesh Joshi, Randeep Surjewala, and other accused have regularly been giving false and inflammatory statements against the BJP to criminally damage its reputation so that the blame for the current sorry state of affairs of the Congress can be pinned on the BJP. With the ill-intention of damaging the BJP''s reputation, a conspiracy was formed at the Chief Minister''s residence situated at 8 Civil lines," read the letter written by BJP Rajasthan spokesperson Bhardwaj to the Station Officer of Ashok Nagar police station read.

"From there (CM's residence) imitation of (voices) of people were falsely told to be of that of reputed leaders from the BJP and a fake phone conversation was created through which the false narrative of crores of rupees being offered to buy off Congress MLAs was created. The accused involved in this conspiracy have severely misused their position and power and the whole crime has been conducted by one named Lokesh Sharma, who calls himself an OSD of the Chief Minister," the letter further stated.

The complaint letter also said that Lokesh Sharma had "released three audio tapes to media workers on July 16, 2020, somewhere around 8:25 pm through WhatsApp so that the defamatory material can be circulated on a large scale to fulfill the criminal intent."

Mr Bhardwaj said that a news report in the Jaipur edition of a Hindi newspaper, published on July 17, 2020, had conveyed that the audiotape was released by Mr Sharma.

He further said that Congress leaders Randeep Surjewala, Govind Singh Dotasra, in a press conference held on Friday read out the conversation in the audio tapes publically and "using them as a basis accused the BJP of throttling democracy, sabotaging the mandate, and toppling the government."

Through this conspiracy, Mr Bhardwaj said that hateful and insulting comments are being made on the BJP and its supporters, and "on the basis of this the Special Operation Group (SOG) has filed fake lawsuits under Section 124A of the Indian Penal Code and is also threatening BJP leaders of arrest."

The BJP leader has urged the police officer to file a complaint against Mr Sharma, Mr Surjewala, Mr Dotasra, and others involved in the alleged conspiracy and take necessary action and recover the equipment used by them.

On June 17, Congress spokesperson Randeep Surjewala had accused Union Cabinet Minister Gajendra Singh Shekhawat and Congress legislator Bhanwarlal Sharma of conspiring to topple the elected government led by Chief Minister Ashok Gehlot in Rajasthan and subvert the voters' mandate.

"Yesterday, shocking tapes were aired by the media in which Union Minister Gajendra Singh Shekhawat, BJP leader Sanjay Jain and Congress MLA Bhanwar Lal Sharma spoke about bribing MLAs and bringing down Rajasthan government. Congress has suspended MLAs Bhanwar Lal Sharma and Vishvendra Singh from the primary membership of the party. The party has also issued show-cause notices to them," Mr Surjewala had said.

"We demand Rajasthan government and Special Operations Group (SOG) to register FIR and arrest the culprits as plenty of evidence has surfaced now," he had further stated.

Mr Surjewala had read out a transcript of an audio of alleged horse-trading between rebel MLAs and BJP, stating, "BJP has breached the trust of people. The audio clip reveals a horse-trading deal. This is a dark chapter in the history of democracy."

"This time the Narendra Modi government has challenged the wrong state," the Congress leader had said. He had alleged that the BJP has been "conspiring to topple Rajasthan government and buy legislators' allegiance."

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