Now, homosexuality is not a crime in India as SC scraps 157-year-old law

Agencies
September 6, 2018

New Delhi, Sept 6: In a landmark judgement, after months of deliberations, the Supreme Court on Thursday struck down the Section 377 of the Indian Penal Code (IPC) which criminalised homosexuality.

A five-judge Constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra, issued the verdict on a bunch of petitions filed to scrap the law. The bench had earlier reserved its verdict on July 17.

Criminalising gay sex is irrational and indefensible, observed the CJI while delivering the verdict. The Lesbian Gay Bisexual Transgender community has same rights as any other citizen, the CJI added. Respect for each other's rights, and others are supreme humanity, observed the bench unanimously, while saying that right to live with dignity is right.

Known as Section 377 of the IPC, the 157-year-old law criminalised certain sexual acts, terming them as 'unnatural offences', punishable by a 10-year jail term.

The law punished "carnal inter¬course against the order of nature with any man, woman or animal" and thus had bigger implications for same-sex relationships.

The legal battle to scrap the statute has gone on for several years.

The Delhi High Court, in 2009, decriminalised homosexuality. But in 2013, the Supreme Court restored the colonial-era law. Three years later, the top court agreed to hear the Section 377 petition once more.

Petitioners before the Supreme Court argued that the controversial law was not in tandem with a 2017 ruling that guaranteed the right to privacy to people.

During the hearing in July, the government told the apex court that it would leave to the wisdom of the court to decide the constitutional validity of Section 377.

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News Network
June 12,2020

Jun 12: There have been complaints of non-availability of beds or denial of treatment to coronavirus patients in the national capital despite nearly 70 per cent of beds in five designated hospitals run by the Delhi government lying vacant, with experts attributing it to people''s aversion towards state-run facilities.

As per the latest information shared on the Delhi Corona app on Thursday afternoon, more than 3,000 beds are lying vacant in these five dedicated COVID-19 hospitals that have a total capacity of 4,344 beds.

However, almost all beds at several big private hospitals are shown to be occupied.

Families of many COVID-19 patients, confirmed or suspected, have alleged in the past few weeks that they have been denied admission at many facilities or have not been able to get a bed for their kin.

Medical and public health experts feel it may be because of the image associated with government hospitals, related to infrastructure and hygiene conditions, and perhaps shortage of staff.

According to the latest data available on Delhi Corona app on Thursday afternoon, a total of 9,444 beds are available in private facilities and hospitals run by the central and Delhi governments. Out of these, 4,371 are vacant.

The app shows that beds are available at Delhi government-run hospitals dedicated for COVID-19 treatment such as LNJP Hospital (1,219), GTB Hospital (1,314), Rajiv Gandhi Super Speciality Hospital or RGSSH (242).

However, almost all beds at several big private hospitals are shown to be occupied.

At LNJP Hospital, there are a total of 2,000 beds, out of these 781 are occupied. GTB Hospital has total 1,500 beds, only 186 of which are occupied. Even at RGSSH, 258 of the 500 beds are occupied.

Beds are available at other dedicated COVID-19 facilities in the national capital too, according to the app. Deep Chand Bandhu Hospital has 94 unoccupied beds out of a total 176 and Satyawadi Raja Harishchandra Hospital has 145 vacant beds out of a total 168.

This makes a total of 4,344 COVID-19 beds at these five dedicated Delhi government hospitals, out of which 3,014 or 69.38 per cent are vacant.

A senior doctor at the RGSSH said, "We are only admitting very serious COVID-19 patients in the hospital. Those with mild symptoms, or asymptomatic ones, are either being home quarantined or being sent to COVID Care Centres. Our beds are on stand-by also to accommodate serious patients in case there is a sudden rush."

Delhi Heath Minster Satyendar Jain had recently said that some private hospitals could have been denying admission, but the Delhi government-run hospitals have not denied beds to any needy COVID-19 patient.

He had also said that main private hospitals are almost full to their capacity in terms of number of COVID-19 beds.

According to the app, at prominent private hospitals like Indraprastha Apollo, Max Hospital in Shalimar Bagh, Fortis Hospital in Shalimar Bagh, BL Kapur Hospital are fully occupied.

Max Hospital in Saket has a total of 200 beds for COVID-19 patients, and only one is vacant.

On June 9, the Delhi government had directed 22 private hospitals in the national capital to dedicate a total of 2,015 extra beds for treatment of coronavirus patients, revising its earlier allocation limit of 20 per cent.

Lawyer and public heath activist Ashok Agarwal said infrastructure and hygiene are two main factors, and people still want to "avoid government facilities".

"I know of cases, where people were willing to be on waiting list of private hospitals but did not go to a government hospital, even though beds were available," he said.

Even those who went to a government hospital for COVID-19 treatment, complained of "dirty toilets, and these being used by multiple patients", Agarwal said.

"Also, as the cases erupted successively over the months, many people got scared and were in two minds to go to a government hospital, as admitted patients were making allegations in videos and on social media about lack of proper services. Besides, there is shortage of medical staff at various facilities, and each patient needs to be attended to," he argued.

Delhi government hospitals and private facilities were directed to prominently display information about the availability of beds on a flex board at their main gates.

Delhi Lt Governor Anil Baijal on Wednesday ordered Delhi hospitals to display the availability of COVID and non-COVID beds, charges for rooms or beds along with contact details on a LED board outside the hospital.

Max Hospital sources said they were already displaying the status of beds on LED screens near their reception area even before the government order.

A spokesperson from Fortis Hospital said, "We are in the process of arranging to put up the displays as per the prescribed format."

Delhi recorded 1,501 fresh coronavirus cases on Wednesday, taking the COVID-19 tally in the city to over 32,000, and the death toll due to the disease mounted to 984, authorities said.

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News Network
May 4,2020

New Delhi, May 4: Rebutting the Congress' criticism, the BJP said on Monday that the railways has subsidised 85 per cent of ticket fare for special trains being run for migrant workers and the state governments have to pay the remaining 15 per cent.

The ruling party also accused the Congress of promoting indiscriminate movement of people which, it said, would lead to "faster spread" of coronavirus infection "just like we saw in Italy", and asked if this is what Sonia Gandhi wants.

The counter-charge from BJP leaders, including its spokesperson Sambit Patra and information technology department in-charge Amit Malviya, came after Congress president Sonia Gandhi hit out at the central government for making migrants pay for their train fare and asked her party's state units to pick the tab.

Congress leader Rahul Gandhi also took a swipe at the railways, saying, on one hand, it is seeking ticket fare from people stranded in various states while on the other it is donating Rs 151 crore to the PM-CARES Fund.

Responding to him, Patra said, "Rahul Gandhi ji, I have attached guidelines of MHA which clearly state that 'No tickets to be sold at any station'. Railways has subsidised 85% & state govt to pay 15%. The state govt can pay for the tickets (Madhya Pradesh's BJP govt is paying). Ask Cong state govts to follow suit," Patra tweeted.

The BJP leader further clarified that for each 'Shramik Express', special trains being run for migrants to take them back to their native places during the lockdown, about 1,200 tickets to the destination are handed by the railways to the state government concerned.

State governments are supposed to clear the ticket price and hand over the tickets to workers, he said.

He said the BJP government in Madhya Pradesh is doing so and asked Rahul Gandhi to tell the Congress-ruled states to follow suit.

Hitting out at Sonia Gandhi, Malviya tweeted, "Congress is obviously upset at how well India has handled Covid. They would have ideally wanted a lot more people to suffer and die. Promoting indiscriminate movement of people would lead to faster spread of infection, just like we saw in Italy. Is this what Sonia Gandhi wants?"

BJP MP Subramanian Swamy claimed that migrant workers returning home will not have to pay money as the rail travel will be free from now onwards.

"Talked to Piyush Goyal office. Govt will pay 85% and State Govt 15%. Migrant labour will go free. Ministry will clarify with an official statement," he tweeted.

BJP Congress Coronavirus COVID-19 Coronavirus lockdown Italy Sonia Gandhi Rahul Gandhi Sambit Patra Amit Malviya Subramanian Swamy Piyush Goyal

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Agencies
January 11,2020

New Delhi, Jan 11: The Supreme Court is scheduled to hear the curative petition of two death row convicts in 2012 Nirbhaya gang-rape case on January 14.

A five-judge Bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan will hear the petition filed by Vinay Sharma and Mukesh.

The duo had moved a curative petition in the top court after a Delhi court issued a death warrant in their name and announced January 22 as the date of their execution.

Besides them, two other convicts named Pawan and Akshay are also slated to be executed on the same day at 7 am in Delhi's Tihar Jail premises.

They were convicted and sentenced to death for raping a 23-year-old woman on a moving bus in the national capital on the night of December 16, 2012.

The victim, who was later given the name Nirbhaya, died at a hospital in Singapore where she had been airlifted for medical treatment.

A curative petition is the last judicial resort available for redressal of grievances. It is decided by the judges in-chamber.

If it is rejected, they are legally bound to move a mercy petition. It is filed before the President who has the power to commute it to life imprisonment.

The court after issuing a black warrant in their name gave them two weeks' time to file both the curative and mercy petition.

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