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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
May 26,2020

In a startling revelation, cybersecurity researchers have claimed that a hacker has posted personal details of nearly 2.9 crore Indian job seekers at one of the hacking forums on the Dark Web for free.

As part of the regular sweep over the Deep Web and Dark Web, researchers from cybersecurity firm Cyble came across an interesting item, where a threat actor posted 2.3GB (zipped) file on one of the hacking forums.

"The leak actually has a lot of personal details of millions of Indians Job seekers from different states," Cyble said in its blog on Friday.

This breach includes sensitive information such as email, phone, home address, qualification and work experience etc from job seekers spanning across states, from New Delhi to Mumbai and Bengaluru. 

Cybercriminals are always on the lookout for such personal information to conduct various nefarious activities such as identity thefts, scams, and corporate espionage.

"It appears to have originated from a resume aggregator service given the sheer volume and detailed information," it added.

Cyble indexed this information at ‘AmIbreached.com; – Cyble's data breach monitoring and notification platform.

Cyble researchers have identified a sensitive data breach on the dark web where an actor has leaked personal details of nearly 29 million Indian job seekers from various states. 

"Cyble's team is still investigating this further and will be updating their article as they bring more facts to the surface,” it said in a statement.

Cyble said it has acquired the leaked data. 

The same cyber security firm earlier exposed that Bengaluru-based edtech firm Unacademy was hacked.

According to Cyble researchers, nearly 22 million Unacademy user accounts were affected and the data was dumped and sold on Dark Web.

'We would like to assure our users that no sensitive information such as financial data or location has been breached," said Hemesh Singh, Co- Founder and CTO, Unacademy, in a statement.

In April, hackers sold personal data of a whopping 267 million Facebook users for just Rs 41,500 (approximately 500 Euros) that includes email addresses, names, Facebook IDs, dates of birth and phone numbers.

No passwords of the 267 million Facebook users were exposed by the hacker, according to Cyble.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 24,2020

Kochi/Mumbai, Jan 24: Two students who recently returned from China have been kept under medical observation at the Ernakulam Government Medical College here for possible exposure to the coronavirus, an outbreak of which in China has triggered a global health scare.

Reports from Mumbai said two persons there too have been put observation at the civic-run Kasturba Hospital in Chinchpokali, PTI reported.

Health officials said no cases of the deadly infection have been detected.

One of the students being screened in Kerala and both being screen in Mumai have reported symptoms such as cold and fever and has been kept in isolation wards.

The additional district medical officer of Ernakulam, Dr S Sreedevi, said samples of the student’s body fluids would be sent to the National Institute of Virology in Pune for tests.

The youngster consulted a doctor at a private hospital and was referred to the Ernakulam hospital in the wake of the virus outbreak in Wuhan city of China.

A stringent screening system has been set up at the Kochi International Airport to screen passengers who have been in the affected province in China. Persons who have been to Wuhan and showing symptoms of cold, cough and fever are being immediately shifted to the Ernakulam hospital.

All quariantine facilities have been put in place there including an isolation ward and a ventilator.

The other person under observation in Kerala is an MBBS student from Kottayam district who recently returned from his college in China. The district medical office said she has no health issues. She was put under observation as a precautionary measure.

In Mumbai, 1,789 passengers have undergone thermal screening at the Chhatrapati Shivaji Maharaj International Airport for the coronavirus since January 19.

Coronavirus cases were first reported from Wuhan, the capital of central Chinas Hubei province in China.

In the wake of the coronavirus outbreak in China, doctors at international airports have been asked to screen travellers for symptoms if they are returning from China. All private doctors have been asked to alert the authorities if they observe symptoms of the coronavirus.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 4,2020

New Delhi, May 4: The country's manufacturing sector activity witnessed unprecedented contraction in April amid national lockdown restrictions, following which new business orders collapsed at a record pace and firms sharply reduced their staff numbers, a monthly survey said on Monday.

The headline seasonally adjusted IHS Markit India Manufacturing Purchasing Managers' Index (PMI) fell to 27.4 in April, from 51.8 in March, reflecting the sharpest deterioration in business conditions across the sector since data collection began over 15 years ago.
The index slipped into contraction mode, after remaining in the growth territory for 32 consecutive months.

In PMI parlance, a print above 50 means expansion, while a score below that denotes contraction.

Amid widespread business closures, demand conditions were severely hampered in April. New orders fell for the first time in two-and-a-half years and at the sharpest rate in the survey's history, far outpacing that seen during the global financial crisis, the survey said.

"After making it through March relatively unscathed, the Indian manufacturing sector felt the full force of the coronavirus pandemic in April," said Eliot Kerr, Economist at IHS Markit.
Panellists attributed lower production to temporary factory closures that were triggered by restrictive measures to limit the spread of COVID-19.

Export orders also witnessed a sharp decline. Following the first reduction since October 2017 during March, foreign sales fell at a quicker rate in April. "In fact, the rate of decline accelerated to the fastest since the series began over 15 years ago," the survey said.

On the employment front, deteriorating demand conditions saw manufacturers drastically cut back staff numbers in April. The reduction in employment was the quickest in the survey's history.

"In the latest survey period, record contractions in output, new orders and employment pointed to a severe deterioration in demand conditions.
“Meanwhile, there was evidence of unprecedented supply-side disruption, with input delivery times lengthening to the greatest extent since data collection began in March 2005," Kerr said.

On the prices front, both input costs and output prices were lowered markedly as suppliers and manufacturers themselves offered discounts in an attempt to secure orders.

Going ahead, sentiment regarding the 12-month outlook for production ticked up from March's recent low on hopes that demand will rebound once the COVID-19 threat has diminished and lockdown restrictions eased.

"There was a hint of positivity when looking at firms' 12-month outlooks, with sentiment towards future activity rebounding from March's record low. That said, the degree of optimism remained well below the historical average," Kerr said.

In India, the death toll due to COVID-19 rose to 1,373 and the number of cases climbed to 42,533 as on Monday, according to the health ministry.

Meanwhile, the coronavirus-induced lockdown has been extended beyond May 4, for another two weeks in the country.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.