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
March 21,2020

Mar 21: India’s economy, already in the grip of a slowdown, is in for more pain after Prime Minister Narendra Modi appealed to citizens to stay at and work from home to curb the coronavirus outbreak.

The services sector, which accounts for about 55% of India’s gross domestic product, is poised to be the worst hit after Modi, in a late evening address on Thursday, urged citizens to go on a self-imposed curfew for a day and private companies to allow employees to work from home for longer. In the country’s vast informal sector, social-distancing measures could mean a dent to productivity and consumption because of job or pay losses.

“The impact of a partial lock-down or social distancing will be significant,” said Rahul Bajoria, a senior economist at Barclays Plc in Mumbai. “If there’s a widespread community outbreak, GDP could fall as low as 3.5% in the year starting April 1.”

Shrinking output may limit growth in an economy that’s already set to expand at an 11-year low of 5% in the current year to March 31. Before the virus outbreak, India had forecast growth to recover to 6%-6.5% in the next fiscal year. S&P Global Ratings and Fitch Ratings have already slashed their growth forecast by 50 basis points.

“The current social-distancing measures will severely impact airlines, hotels, malls, multiplexes, restaurants and retailers,” according to analysts at Crisil Ltd., the local unit of S&P Global. “Lower footfalls and occupancies, decline in business volume and sub-optimal operating efficiencies will impact cash flows of companies in these sectors,” wrote the analysts led by Chief Economist Dharmakirti Joshi.

The government will try to announce a relief package for virus-affected sectors as early as possible, Finance Minister Nirmala Sitharaman said Friday.

In a televised address, Modi advised all citizens to stay at home for a day on March 22, as he sought to stem the spread of the coronavirus -- cases of which are relatively low in India at about 200, compared with more than 200,000 infected people globally. His government also barred incoming flights for a week from that day, joining a growing list of countries effectively sealing their borders.

What Bloomberg’s Economists Say

We had only earlier this week lowered our GDP outlook to consider the direct impact of the local outbreak as confirmed virus cases exceeded 100 as of March 15 and the federal and state governments announced social distancing measures that have already started to crimp economic activity. We are now revising down our GDP estimate for 4Q fiscal 2020 to 3.3%, from our 3.5%.

-- Abhishek Gupta, India economist

For more, click here

“Consumption being the biggest component of GDP, a lock-down is bound to have a big impact on the economy,” said Devendra Kumar Pant, chief economist at India Ratings and Research, the local unit of Fitch. “Modeling uncertainty in any system will be very difficult, but one can say the slowdown could deepen or prolong further.”

Work From Home

While companies, including billionaire Mukesh Ambani-controlled Reliance Industries Ltd., are asking employees to work from home, the option isn’t feasible in India’s vast informal sector.

“The option to work remotely simply won’t exist for most,” said Shilan Shah, an economist with Capital Economics Pte. in Singapore.

As many households don’t have savings buffers, the government would probably have to back this up with large-scale cash handouts that reach the poorest, he said.

Work from home is posing implementation challenges for the manufacturing sector where workers are required to be physically present at the production sites. The services sector, such as banking and information technology, also needs employees to be present in offices as confidential data is used, according to industry group Federation of Indian Chambers of Commerce and Industry.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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News Network
June 27,2020

Jun 27: Alittle-known Indian IT firm offered its hacking services to help clients spy on more than 10,000 email accounts over a period of seven years.

New Delhi-based BellTroX InfoTech Services targeted government officials in Europe, gambling tycoons in the Bahamas, and well-known investors in the United States including private equity giant KKR and short seller Muddy Waters, according to three former employees, outside researchers, and a trail of online evidence.

Aspects of BellTroX's hacking spree aimed at American targets are currently under investigation by U.S. law enforcement, five people familiar with the matter told Reuters. The U.S. Department of Justice declined to comment.

Reuters does not know the identity of BellTroX's clients. In a telephone interview, the company's owner, Sumit Gupta, declined to disclose who had hired him and denied any wrongdoing.

Muddy Waters founder Carson Block said he was "disappointed, but not surprised, to learn that we were likely targeted for hacking by a client of BellTroX." KKR declined to comment.

Researchers at internet watchdog group Citizen Lab, who spent more than two years mapping out the infrastructure used by the hackers, released a report that BellTroX employees were behind the espionage campaign.

"This is one of the largest spy-for-hire operations ever exposed," said Citizen Lab researcher John Scott-Railton.

Although they receive a fraction of the attention devoted to state-sponsored espionage groups or headline-grabbing heists, "cyber mercenary" services are widely used, he said. "Our investigation found that no sector is immune."

A cache of data reviewed by Reuters provides insight into the operation, detailing tens of thousands of malicious messages designed to trick victims into giving up their passwords that were sent by BellTroX between 2013 and 2020. The data was supplied on condition of anonymity by online service providers used by the hackers after Reuters alerted the firms to unusual patterns of activity on their platforms.

The data is effectively a digital hit list showing who was targeted and when. Reuters validated the data by checking it against emails received by the targets.

On the list: judges in South Africa, politicians in Mexico, lawyers in France and environmental groups in the United States. These dozens of people, among the thousands targeted by BellTroX, did not respond to messages or declined comment.

Reuters was not able to establish how many of the hacking attempts were successful.

BellTroX's Gupta was charged in a 2015 hacking case in which two U.S. private investigators admitted to paying him to hack the accounts of marketing executives. Gupta was declared a fugitive in 2017, although the U.S. Justice Department declined to comment on the current status of the case or whether an extradition request had been issued.

Speaking by phone from his home in New Delhi, Gupta denied hacking and said he had never been contacted by law enforcement. He said he had only ever helped private investigators download messages from email inboxes after they provided him with login details.

"I didn't help them access anything, I just helped them with downloading the mails and they provided me all the details," he told Reuters. "I am not aware how they got these details but I was just helping them with the technical support."

Reuters could not determine why the private investigators might need Gupta to download emails. Gupta did not return follow-up messages. Spokesmen for Delhi police and India's foreign ministry did not respond to requests for comment.

HOROSCOPES AND PORNOGRAPHY

Operating from a small room above a shuttered tea stall in a west-Delhi retail complex, BellTroX bombarded its targets with tens of thousands of malicious emails, according to the data reviewed by Reuters. Some messages would imitate colleagues or relatives; others posed as Facebook login requests or graphic notifications to unsubscribe from pornography websites.

Fahmi Quadir's New York-based short selling firm Safkhet Capital was among 17 investment companies targeted by BellTroX between 2017 and 2019. She said she noticed a surge in suspicious emails in early 2018, shortly after she launched her fund.

Initially "it didn't seem necessarily malicious," Quadir said. "It was just horoscopes; then it escalated to pornography."

Eventually the hackers upped their game, sending her credible-sounding messages that looked like they came from her coworkers, other short sellers or members of her family. "They were even trying to emulate my sister," Quadir said, adding that she believes the attacks were unsuccessful.

U.S. advocacy groups were also repeatedly targeted. Among them were digital rights organizations Free Press and Fight for the Future, both of whom have lobbied for net neutrality. The groups said a small number of employee accounts were compromised, but the wider organizations' networks were untouched. The spying on those groups was detailed in a report by the Electronic Frontier Foundation in 2017, but has not been publicly tied to BellTroX until now.

Timothy Karr, a director at Free Press, said his organization "sees an uptick in breach attempts whenever we're engaged in heated and high-profile public policy debates." Evan Greer, deputy director of Fight for the Future, said: "When corporations and politicians can hire digital mercenaries to target civil society advocates, it undermines our democratic process."

While Reuters was not able to establish who hired BellTroX to carry out the hacking, two former employees said the company and others like it were usually contracted by private investigators on behalf of business rivals or political opponents.

Bart Santos of San Diego-based Bulldog Investigations was one of a dozen private detectives in the United States and Europe who told Reuters they had received unsolicited advertisements for hacking services out of India - including one from a person who described himself as a former BellTroX employee. The pitch offered to carry out "data penetration" and "email penetration."

Santos said he ignored those overtures, but could understand why some people didn't. "The Indian guys have a reputation for customer service," he said.

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