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
February 9,2020

Feb 9: The Electronic Voting Machines (EVMs) used in Delhi Assembly polls are kept under tight security, in the 'Strong Room' located at Atal Adarsh Bengali Balika Vidyalaya in Gol Market.

Voting for Delhi Assembly elections took place on Saturday with voters turnout well short of the 2015 election mark.

Counting of the votes will be on February 11.

Earlier, Deputy Election Commissioner Sudip Jain had said the Delhi elections took place peacefully and smoothly.

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Agencies
May 17,2020

New Delhi, May 17: The HRD Ministry on Saturday postponed announcement of the exam schedule for pending class 10 and 12 board exams, saying the CBSE is still considering certain technical aspects before finalising the datesheet.

The ministry had earlier announced that it would notify the schedule at 5 pm on Saturday.

"CBSE is taking into consideration some additional technical aspects before finalizing the datesheets of the board exams of classes 10th and 12th, due to which, the datesheets will now be released by Monday i.e. 18-05-2020. Inconvenience caused is sincerely regretted (sic)," Union HRD Minister Ramesh Pokhriyal 'Nishank' tweeted.

The ministry had last week announced that the pending class 10 and 12 CBSE exams, which were postponed due to the COVID-19-induced lockdown, would be conducted from July 1 to 15.

However, the schedule as well as the modalities and guidelines have not been announced yet.

While class 12 exams will be conducted across the country, the class 10 exams are only pending in North East Delhi where they were affected due to the law and order situation.

Universities and schools across the country have been closed and exams postponed since March 16 when the Centre announced a countrywide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

Later, a nationwide lockdown was announced on March 24, which has now been extended till May 17.

The board was not able to conduct class 10 and 12 exams on eight examination days due to the coronavirus outbreak.

Further, due to the law and order situation in North East Delhi, the board was not able to conduct exams on four examination days, while a very small number of students from and around this district were not able to appear in exams on six days.

The board had last month announced that it will only conduct pending exams in 29 subjects which are crucial for promotion and admission to higher educational institutions.

The modalities of assessment for the subjects for which exams are not being conducted will be announced soon by the board.

The schedule has been decided in order to ensure that the board exams are completed before competitive examinations such as engineering entrance JEE-Mains, which is scheduled from July 18-23, and medical entrance exam NEET, which is scheduled on July 26.

The University Grants Commission (UGC) has issued guidelines to universities that the new academic session for freshers will begin from September while for the existing students from August.

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News Network
April 3,2020

New Delhi, Apr 3: Prime Minister Narendra Modi on Friday urged people to gather together for a unique exercise on April 5 at 9 pm to show they were together in the fight against coronavirus.

"On this Sunday, April 5, we will challenge the darkness of coronavirus threat together. On April 5, at 9 pm, I need your 9 minutes. At 9 pm, turn off all the lights in your houses and light a Diya, candle, torch or flashlight for 9 minutes at your doors, or balcony," Modi said.

The Prime Minister further said that this will send out a message that nobody among the 130 crore Indians is alone in this fight against the deadly infection.

"I have one more prayer to all of you, nobody has to gather at any place during this event. Everyone will light a Diya only at their doors, windows or balconies. The Laxman Rekha of social distancing must be followed," Modi said.
Earlier, the Prime Minister had said that 130 crore Indians are together in this fight against coronavirus and praised the countrymen for following the lockdown.

"Today when crores of people are inside homes, then some of us may think how will they fight this battle against COVID-19 alone. Such questions might come up in your mind? But please remember, none of us is alone. The strength of 130 crores of Indians is with each one of us," he said.

He also expressed gratitude towards countrymen for participating in 'Janata curfew' on March 22 and said it has become "an example for all countries" today as they are following it.

In his address to the nation on March 24, the Prime Minister had announced a 21-day lockdown in the country to contain the spread of novel coronavirus, which has infected over 2,000 people in the country.

During the last "Mann Ki Baat" on COVID-19 related issue, the Prime Minister had apologised to the countrymen for taking the tough decision of enforcing complete lockdown in the nation. "My conscience says you will forgive me," he had said.

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