SC refers curative plea on homosexuality to five-judge bench

February 2, 2016

New Delhi, Feb 2: A five-judge Constitution Bench of the Supreme Court will hear curative petitions seeking re-examination of its verdict criminalising sexual activity between same sex consenting adults under section 377 of IPC.

gaymarriageA three-judge bench comprising Chief Justice T S Thakur and Justices A R Dave and J S Khehar said that since important issues concerning the Constitution were involved in the matter, it would be appropriate to refer the issue to a five-judge Constitution bench.

The bench said that the larger bench would be constituted in the future. The bench was told there were eight curative petitions seeking re-examination of the order on the review petition and the December 11, 2013 judgement by which the Delhi High Court verdict de-criminalising section 377 (unnatural sexual offences) of the IPC was set aside. The bench was also informed that the churches of northern India and All India Muslim Personal Law Board were against decriminalising homosexuality.

At the outset, senior counsel Kapil Sibal, arguing for decriminalising section 377 of IPC, submitted that huge constitutional issues are involved in the matter. A battery of senior lawyers appeared in the case.

He submitted the issue concerns the "most private and the most precious" part of life that is right to sexuality within the four corners of your domain which has been held as unconstitutional. "By this judgement, you have bound the present and future generations to dignity and stigma," he submitted.

Further, he said that human sexuality should not be stigmatised.Hearing his brief arguments, the bench said such an important issue needs to go to a Constitution Bench of five judges. The bench was informed that the high court judgement was not challenged by the Centre which had left it for the apex court to take a call on the issue.

However, when the high court judgement was overturned by the Supreme Court, the Centre had preferred the review petition which was dismissed.

The bench was hearing the curative petition filed by gay rights activists and NGO Naz Foundation against the apex court's December 11, 2013 judgement upholding validity of section 377 (unnatural sexual offences) of IPC and the January 2014 order by which it had dismissed a batch of review petitions.

A curative petition is the last judicial resort available for redressal of grievances in court which is normally decided by judges in-chamber. In rare cases, such petitions are given an open court hearing.

The petitioners, including the NGO, which has been spearheading the legal battle on behalf of lesbian, gay, bisexual and transgender (LGBT) community, had contended that there was an error in the judgement delivered on December 11, 2013 as it was based on an old law.

The apex court had earlier dismissed a batch of review petitions filed by the Centre and gay rights activists against its December 2013 verdict declaring gay sex an offence with punishment upto life imprisonment.

While setting aside the July 2, 2009 verdict of the Delhi High Court, the apex court had held that Section 377 of IPC does not suffer from the vice of unconstitutionality and that the declaration made by the high court was legally unsustainable.

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Agencies
June 30,2020

Seventy-seven per cent children below five years of age in Jammu and Kashmir were not able to access basic healthcare services like immunisation during the lockdown imposed to curb the spread of COVID-19, CRY said on Monday citing a study.

The 'Rapid Online Perception Study about the Effects of COVID-19 on Children' was conducted during the first and second phases of the lockdown based on responses of parents and primary caregivers from all across the country, including Jammu and Kashmir, the NGO said in a statement.

It said a total of 387 respondents from Jammu and Kashmir participated in the study.

"Seventy-seven per cent children of age 0-5 years were not able to access basic healthcare services such as immunisation during lockdown - necessarily imposed to curb the spread of COVID-19 pandemic in Jammu and Kashmir," Child Rights and You (CRY) said.

It said as immunisation programmes witnessed a major setback during the lockdown across the country, the results of the survey across 23 states and Union Territories found nearly 50 per cent of parents with children below five years of age unable to access immunisation services.

"Worryingly, the figure was considerably high in Jammu and Kashmir with 77.14 per cent children below five years unable to get immunisation services," it added.

According to the study, in Jammu and Kashmir, nearly 35 per cent of the respondents said their children did not receive medical help during the lockdown, resulting in difficulties to cope with their children's illnesses and health hazards.

The study also talks about more systemic arrangements and logistical preparedness to ensure that children with no or compromised digital reach are not deprived from their Right to Education.

With online classes introduced as a substitute of schools during the lockdown, access to education for children remained a major issue of concern, as many of them, especially the ones from marginalised and financially poorer backgrounds found it difficult without smartphones and internet access.

The survey's findings revealed that nationally only 41 per cent households with children of school-going age could access online classes on a regular basis.

"Almost 90 per cent parents and primary caregivers reported that the lockdown has increased the screen time of their child to great or some extent. About half of the households recorded an increase of children's exposure to online activities during lockdown," it said.

The NGO said around 76 per cent parents agreed that they could keep a watch of their children's online activity to some extent.

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News Network
April 18,2020

New Delhi, Apr 18: With 957 new cases of COVID-19 in the last 24 hours and 36 deaths, India's total count of coronavirus cases has surged to 14,792, said the Union Ministry of Health and Family Welfare on Saturday.

The total cases are inclusive of 2,014 cured and discharged patients, one migrated and 488 deaths. At present, there are 12,289 active COVID-19 cases in the country.

Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said that mortality rate due to COVID-19 in our country is around 3.3 per cent.

"An age-wise analysis will tell you that 14.4 per cent of deaths have been reported in the age group of 0-45 years. Between 45-60 years it is 10.3 percent, between 60-75 years it is 33.1 percent and for 75 years, and above it is 42.2 percent," Aggarwal said at a press conference here.

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News Network
January 29,2020

Aurangabad, Jan 29: Accusing Prime Minister Narendra Modi and Union Home Minister Amit Shah of creating a conflict between Hindu and Muslim communities in the country, former JNU student leader Kanhaiya Kumar has said the Citizenship (Amendment) Act (CAA) was adding fuel to the fire.

He was speaking at a rally held on Tuesday at Pathri in Parbhani district of Maharashtra against the CAA and the National Register of Citizens (NRC). It was organised by NCP MLC Abdullah Durrani.

"Modi and Shah used to create conflicts between Hindus and Muslims during the Gujarat elections. Now they are adopting the same strategy in the country," Kumar alleged.

Citizens should keep the religious conflicts aside and question the present government about unemployment and the poor state of the economy, he said.

"Through the CAA, the government is adding fuel to the fire, which is already raging in the country," he alleged.

When anyone questions the government about the problems existing in the country, it in turn asks him about his citizenship, the former JNUSU leader alleged.

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