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
May 13,2020

New Delhi, May 13: Union Finance Minister Nirmala Sitharaman will address a press conference in New Delhi at 4 pm on Wednesday.

The information regarding the press conference by the Union Finance Minister was given through a tweet by the Ministry of Finance today morning.

Sitharaman's press conference comes a day after Prime Minister Narendra Modi announced USD 265 billion fiscal stimulus to deal with COVID-19 situation in the country. The package is the second largest in Asia after Japan.

"I announce a special economic package today. This will play an important role in the 'Atmanirbhar Bharat Abhiyan.' The announcements made by the government over COVID, decisions of RBI and today's package totals to Rs 20 lakh crore (USD 265 billion). This is 10 per cent of India's GDP," the Prime Minister said in his address to the nation on Tuesday.

"This economic package is for our small-scale industries, MSMEs, which are the means of livelihood of crores of people and is the strong base of our resolve for self-reliant India. To prove the resolve of self-reliant India, the emphasis has been given on land, labour, liquidity and laws, in this package," he added.

The PM had also said that the economic package is for "the country's workers, farmers, who are working hard day and night for the countrymen in every season. This economic package is for the middle class of our country, who pays tax honestly and contributes to the development of the country."

He had announced that the fourth phase of the nationwide COVID-19 induced lockdown would be in "new form with new rules."

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News Network
June 25,2020

New Delhi, Jun 25: After the Drug Controller General of India (DCGI) given its approval to manufacture and market the generic version of COVID-19 drug Remdesivir, COVIFOR, Hyderabad-based drugmaker Hetero Limited has delivered the first set of 20,000 vials in two equal lots of 10,000 each across 5 states.

The first batch, which is being marketed under the brand name of COVIFOR, was delivered to Maharashtra, Delhi, Gujarat Tamil Nadu and Hyderabad. Hetero has set a target to produce one lakh vials of the drug in two-three weeks.

The other lot would be supplied to Kolkata, Indore, Bhopal, Lucknow, Patna, Bhubaneshwar, Ranchi, Vijayawada, Cochin, Trivandrum and Goa within a week to meet the emergency requirements.

Managing director of Hetero Healthcare M Srinivasa Reddy said “the launch of Covifor in the country is a milestone in addressing public health emergencies. Through Covifor, we hope to reduce the treatment time of a patient in a hospital thereby reducing the increasing pressure on the medical infrastructure overburdened ue to accelerating COVID-19 infection rates," he said as reported by news agency.

"We are closely working with the government and the medical community to make Covifor quickly accessible to both public and private healthcare settings across the country”, Reddy said.

Covifor is a generic brand of Remdesivir which is used for the treatment of COVID-19 in adults and children hospitalised with strong symptoms of the disease. The Health Ministry had, on June 13, recommended the use of anti-viral drug Remdesivir in moderate stage of COVID-19.

Dr Reddys Laboratories and Hetero are among others which have separately entered into non-exclusive licensing agreements with the original drug-maker Gilead Sciences Inc to register, make and sell the investigational drug Remdesivir in India and other countries.

Remdesivir would be made in the company's formulation facility in Hyderabad, which has been approved by global regulatory authorities such as US Food and Drug Administration (USFDA) and EU, among others, Hetero had earlier said.

The treatment first showed improvement in trials on coronavirus patients and was approved for emergency use in severely ill patients in the United States and South Korea.

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Agencies
August 2,2020

New Delhi, Aug 2: The Ministry of Health and Family Welfare on Sunday issued fresh guidelines for international passengers coming to India amid the COVID-19 pandemic. The new guidelines will be implemented from 12:01 am on August 8.

The ministry has also asked all passengers to submit a self-declaration form online at least 72 hours before travel.

"All travellers should submit self-declaration form on the on the online portal (www.newdelhiairport.in) at least 72hours before the scheduled travel," the guidelines said.

It also said that those coming to India must give an undertaking that they would undergo mandatory quarantine for 14 days as prescribed by the government. "They should also give an undertaking on the portal that they would undergo mandatory quarantine for 14 days i.e. 7 days paid institutional quarantine at their own cost, followed by 7 days isolation at home with self-monitoring of health," it added.

Giving exemptions in some cases, the guidelines mentioned, "Only for compelling reasons/cases of human distress such as pregnancy, death in the family. Serious illness and parent (s) with children of 10 years or below, home quarantine may be permitted for 14 days."

"If they wish to seek such exemption, they shall apply to the online portal at least 72 hours before boarding. The decision taken by the government as communicated on the online portal will be final," it said further.

The guidelines further said that travellers could request for exemption from institutional quarantine by submitting a negative RT-PCR test report on arrival.

"This test should have been conducted within 96 hours prior to undertaking the journey. The test report should be uploaded on the portal for consideration," it added.

Passengers have also been asked to download the Aarogya Setu app on their mobile phones.

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