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
April 8,2020

New Delhi, Apr 8: The number of confirmed coronavirus cases in the country have continued to rise even on the 15th day of the lockdown, and reached 5,274 cases on Wednesday evening, according to the Ministry of Health and Family Welfare.

The tally includes 4,714 active, 411, cured/discharged and migrated cases as well as deaths. A total of 149 deaths have been reported due to the infection so far in the country.

Maharashtra with 1,018 confirmed cases has the highest number of COVID-19 patients in the country, while Tamil Nadu (690) and Delhi (576) are the two next most affected regions.

Fresh cases were reported on Wednesday from Telangana, Tamil Nadu, West Bengal, Maharashtra, Rajasthan and the union territory of Andaman and Nicobar Islands, among other states and UTs.

Meanwhile, in an interaction between Prime Minister Narendra Modi and floor leaders of several parties held today via video conferencing, discussions were held on extending the lockdown even further after the 21-day period.

The 21-day lockdown was announced on March 24 by Prime Minister Narendra Modi.
At the regular media briefing at 4 pm, Lav Aggarwal, Joint Secretary in the Health Ministry said that the government has ensured that there is no shortage of hydroxychloroquine in the country at present as well as in the future.

In the wake of COVID-19 outbreak, the Ministry of Human Resource and Development (MHRD) has launched 'Integrated Government Online Training Portal' wherein required resources will be provided for capacity building of the frontline workers.

"MHRD's training portal will provide required resources to the doctors, paramedics, nurse, technicians and ANMs and state government officials and civil defence officials, volunteers of National Cadet Corps (NCC), National Surveillance teams, Red Cross society and other organisations to have a large skill workforce to combat the coronavirus outbreak," said Aggarwal at a press conference here.

Speaking on government's preparedness on dealing with the patients having mild, very mild and serious conditions, Aggarwal said, "For people who have mild or very mild symptoms we have temporary hospitals, ie COVID care hospitals. Work is now being done to develop the field level infrastructure to take care of the mild and very mild symptomatic patients.

Similarly, for serious patients, we have dedicated healthcare centre and dedicated hospitals."

With fresh COVID-19 cases being reported across the country, several states and union territories, including Uttar Pradesh and Chandigarh, on Wednesday made it compulsory for people to use masks while venturing out of their houses.

Here's a quick read on the COVID-19 related updates:

1. Prime Minister Narendra Modi hinted that the lockdown might be extended after the completion of the 21-day period.
2. Floor party leaders of various political parties from both the Rajya and Lok Sabha assured the government of their full support in the decisions needed to be taken in the coming days and also suggested taking various measures to help the people.
3. According to the Indian Council of Medical Research (ICMR), a total of 1,21,271 tests have been conducted in the country.
4. The Uttar Pradesh government has decided to strictly implement 100 per cent lockdown in hotspots located across 15 districts in the state till the morning of April 15. These areas will be completely cordoned off and civilian passes will stay suspended while essentials would be delivered to citizens at their doorsteps.
5. The Supreme Court suggested that all tests to identify coronavirus positive patients should be conducted free of cost in the identified private laboratories and said that the court will pass appropriate order on the matter. The SC bench also asked the central government to look into creating a mechanism for providing reimbursement for the same.
6. Prime Minister Narendra Modi urged people to take the responsibility of a poor family, at least till the COVID-19 crisis persists if they wanted to honour him.
7. Union Home Ministry announced that Rs 3000 crores have been distributed among two crore registered construction workers till now, according to Saheli Ghosh Roy, Joint Secretary.
8. The MHA official said that the Home Secretary has written to the state Chief Secretaries to ensure a continuous supply of essential commodities under the Essential Commodities Act, 1955. The states can use measures like fixing stock limits, capping of price and checking bank accounts of the dealers.
9. The Health Ministry has assured that there will be no shortage of Hydroxychloroquine in the country. This came after India lifted the ban on the export of the anti-malarial drug being sued to treat COVID-19
10. The Maharashtra government too has issued an order to compulsorily wear masks while entering any government offices in Mumbai Metropolitan Region and Pune Metropolitan Region.

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News Network
January 1,2020

New Delhi, Jan 1: Newly-appointed Chief of the Defence Staff General Bipin Rawat on Wednesday said the armed forces stay away from politics and work as per the directives of the government of the day, remarks that come amid allegations that the forces were being politicised.

Gen Rawat also said that his focus as CDS will be to integrate the efforts of the three services and to work as a team.

"We keep ourselves away from politics. We act according to the directives of the government of the day," he said.

Gen Rawat said his focus will be to ensure best and optimal use of resources allocated to the three services.

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News Network
February 4,2020

New Delhi, Feb 4: The investigation into the incident of violence at Jamia Millia Islamia during an anti-citizenship law protest was at a crucial stage, the Centre told the Delhi High Court on Tuesday.

The submission before a bench of Chief Justice D N Patel and Justice C Hari Shankar was made by Solicitor General Tushar Mehta while seeking more time to file a report regarding the probe.

Taking note of the submission, the bench granted the Centre time till April 29 to file a reply.

During the hearing, senior advocate Colin Gonsalves, appearing for some students of Jamia, said 93 students and teachers filed complaints about alleged attacks on them by police but no FIR has been filed against the agency till date.

The other lawyers for the petitioners alleged that the government has not complied with the court order to file a response within four weeks of the last date of hearing on December 19.

The bench, however, declined to pass any interim order and granted time till April 29 to the government to file a reply.

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