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 5,2020

New Delhi, Mar 5: The primary classes of all schools in the national capital will remain closed till March 31 to prevent a possibility of spread of coronavirus, Deputy Chief Minister Manish Sisodia announced on Thursday.

According to Directorate of Education (DoE) officials, while elaborate guidelines have been issued about preventive measures for coronavirus, students of nursery and primary classes are too young to understand the risk, making them more prone to infectious diseases.

Sisodia, who also holds the education portfolio, tweeted, "As a precautionary measure to prevent the possibility of spread of COVID-19 amongst our children, Delhi Government has directed the immediate closure of all primary schools (Govt/ aided/ private/MCD/NDMC) till 31/3/20(sic)."

A senior DoE official said, "Elaborate guidelines have already been issued. However, students of nursery and primary classes are too young to understand the risks associated with COVID-19. Thus they are more prone to infectious diseases and mingle around with classmates more often."

"It will be good if they are trained in the do's and dont's under the care and supervision of their parents at home. However, students of classes other than primary will continue to come to schools or examination centres for writing their examination as per schedule. The teaching, as well as non-teaching staff, will also attend regular school," the official said.

As of now, the number of confirmed COVID-19 cases in the country stands at 30, including 16 Italian tourists. The figure includes the first three cases reported from Kerala last month who have already been discharged following recovery.

Alerted by the coronavirus case reported in Delhi-NCR, schools in the region have sent out advisories to parents suggesting that they do not send their wards to attend classes even in case of mild cough or cold, and saying that they may declare holidays if the need arises. A few schools have announced already holidays and others have advanced their spring break.

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News Network
July 5,2020

New Delhi, Jul 5: World's largest, 10,000-bed Sardar Patel COVID Care Centre and Hospital (SPCCCH) at Radha Soami Satsang Beas in Chhatarpur area of the national capital has made operational on Sunday.

Inaugurated by Lieutenant Governor of Delhi, Anil Baijal, the facility has been created on an emergency basis by the South Delhi District Administration with support of the Ministry of Home Affairs in a record time of 10 days.
Notably, this coronavirus treatment centre which is set up in Chhatarpur area of the national capital is said to be the "largest" of its kind in the world.
O
"The Sardar Patel COVID Care Centre and Hospital has been developed to help the citizens of Delhi and NCR who are affected by the coronavirus. Our team of doctors and medical staffs will take care of this facility. Sardar Patel COVID Care Centre and Hospital will have 10 per cent of beds with oxygen facility," the Delhi LG said after the inaugural.
Talking about the facilities at the new coronavirus centre, Baijal further stated, "We have counsellors for mentally traumatised patients. We have a team of good psychiatrists and specialists in medicine."

The facility will function as an isolation centre for mild and asymptomatic COVID positive patients. 10 per cent of the beds will have oxygen facility in case the patient develops severe breathlessness and requires tertiary hospital care, read a statement.

Operationally, the facility has been linked to the Deen Dayal Upadhyay Hospital and Madan Mohan Malviya Hospital. The referral tertiary care hospitals are Lok Nayak Jai Prakash Narayan Hospital and Rajiv Gandhi Super Speciality Hospital.

ITBP will be running the first 2,000 beds with their 170 doctors/specialists and more than 700 nurses and paramedics, the statement added.
Most of the basic infrastructure such as beds, mattresses and linen has been donated by various civil society organisations and non-governmental organisations. 

A recreational centre has been made available to the patients along with a library, board games and skipping ropes. People admitted to the facility will be provided five healthy meals a day along with immunity-boosting chawanprash, juices and hot kadha, the statement added.

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Agencies
July 14,2020

Jaipur, Jul 14: Sachin Pilot has been removed as Deputy Chief Minister and Rajasthan PCC Chief, announced Congress leader Randeep Singh Surjewala on Tuesday.

"Sachin Pilot, Vishvendra Singh and Ramesh Meena have been removed from the posts of Deputy Chief Minister and Ministerial posts respectively. Sachin Pilot has also been removed as the Rajasthan PCC Chief," said Surjewala.

Govind Singh Dotasra has been appointed as the new PCC chief, he added.

"Sachin Pilot, few Congress Ministers and MLAs got involved in the conspiracy to topple the Congress government by getting entangled within the trap of BJP," he added.

The decision was taken after a Congress Legislature Party (CLP) meeting at the Fairmont Hotel in Jaipur, Rajasthan earlier today.

The Rajasthan Congress is in turmoil over the past few days. While Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the State government by poaching MLAs, Deputy Chief Minister Sachin Pilot has been camping in Delhi.

A controversy broke out in Rajasthan after Special Operation Group (SOG) sent a notice to Pilot to record his statement in the case registered by SOG in the alleged poaching of Congress MLAs in the State.

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