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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News Network
April 8,2020

New Delhi, Apr 8: The death toll due to the novel coronavirus rose to 149 and the number of cases to 5,194 in the country on Wednesday, according to the Union Health Ministry.

While the number of active COVID-19 cases is 4,643, as many as 401 people were cured and discharged and one had migrated, it said.

The total number of cases include 70 foreign nationals.

According to the ministry's data updated at 9 a.m., 25 new deaths have been reported since Tuesday.

Sixteen deaths were reported from Maharashtra, two each from Delhi, West Bengal, Haryana and Tamil Nadu and one from Andhra Pradesh.

Maharashtra has reported the most coronavirus deaths at 64, followed by Gujarat  and Madhya Pradesh at 13 each and Delhi at 9.

Telengana, Punjab and Tamil Nadu have reported seven fatalities each.

West Bengal has registered five deaths, Karnataka and Andhra Pradesh have reported four each, Uttar Pradesh, Haryana and Rajasthan have recorded three deaths each.

Two deaths each have been reported from Jammu and Kashmir and Kerala.

Bihar, Himachal Pradesh and Odisha reported one fatality each, according to the health ministry data.

However, a PTI tally of figures reported by various states as on Tuesday 9.45 p.m. showed 5,192 testing positive across the country and at least 162 deaths.

There has been a lag in the Union Health Ministry figures, compared to the numbers announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

The highest number of confirmed cases in the country are from Maharashtra at 1018, followed by Tamil Nadu at 690 and Delhi with 576 cases.

Telengana has reported 364 COVID-19 cases followed by Kerala at 336.

Rajasthan has 328 cases, Uttar Pradesh has 326 and Andhra Pradesh reported 305 coronavirus cases.

Novel coronavirus cases have risen to 229 in Madhya Pradesh, 175 in Karnataka and 165 in Gujarat.

Haryana has 147 cases, Jammu and Kashmir has 116, West Bengal has 99 and Punjab has 91 positive patients so far. Odisha has reported 42 coronavirus cases.

Thirty- eight people were infected with the virus in Bihar while Uttarakhand has 31 patients and Assam 27.

Chandigarh  and Himachal Pradesh have 18 cases each while Ladakh has 14 positive patients so far.

Ten cases each have been reported from the Andaman and Nicobar Islands and Chhattisgarh. 

Goa has reported seven COVID-19 infections, followed by Puducherry at five cases. Jharkhand has reported four cases and Manipur two. 

Tripura, Mizoram and Arunachal Pradesh have reported one case each.

"State-wise distribution is subject to further verification and reconciliation," the ministry said on its website.

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News Network
April 3,2020

Washington, Apr 3: The World Bank has approved USD 1 billion emergency funding for India to help it tackle the coronavirus pandemic, which has claimed 76 lives and infected 2,500 people in the country.

The World Bank's first set of aid projects, amounting to USD 1.9 billion, will assist 25 countries, and new operations are moving forward in over 40 nations using the fast-track process, the bank said on Thursday.

The largest chunk of the emergency financial assistance has gone to India USD 1 billion.

"In India, USD 1 billion emergency financing will support better screening, contact tracing, and laboratory diagnostics; procure personal protective equipment; and set up new isolation wards," the World Bank said after its Board of Executive Directors approved the first set of emergency support operations for developing countries around the world, using a dedicated, fast-track facility for COVID-19 response.

In South Asia, the World Bank also approved USD 200 million for Pakistan, USD 100 million for Afghanistan, USD 7.3 million for the Maldives and USD 128.6 million for Sri Lanka.

The World Bank said it was now working to grant up to USD 160 billion over the next 15 months to support measures to tackle the pandemic which will focus on the immediate health consequences and bolster economic recovery.

The broader economic program will aim to shorten the time to recovery, create conditions for growth, support small and medium enterprises, and help protect the poor and vulnerable.

"The World Bank Group is taking broad, fast action to reduce the spread of COVID-19 and we already have health response operations moving forward in over 65 countries," said World Bank Group President David Malpass.

"We are working to strengthen (the) developing nations' ability to respond to the COVID-19 pandemic and shorten the time to economic and social recovery," Malpass said.

According to the bank, USD 100 million will support Afghanistan to slow and limit the spread of COVID-19 through enhanced detection, surveillance, and laboratory systems, as well as strengthen essential health care delivery and intensive care.

In Pakistan, USD 200 million will support preparedness and emergency response in the health sector and include social protection and education measures, the bank said.

A total of 1,002,159 COVID-19 cases have been reported across more than 175 countries and territories with 51,485 deaths reported so far, according to Johns Hopkins University data.

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News Network
May 27,2020

Muzaffarpur, May 27: A toddler's vain attempt to wake up his dead mother from eternal sleep on a railway platform in Bihar's Muzaffarpur on Wednesday presented the most poignant picture of the massive migrant tragedy unfolding across several states.

A video tweeted by Sanjay Yadav, an aide to RJD leader Tejashwi Yadav, shows the child walking unsteadily up to his mother's body, tugging at the blanket placed over her, and when failing to wake her up, covering his own head with it.

As the mother still lay still, he wobbles away from her, announcements continuing in the background about the arrival and departure of trains that would bring in tens of thousands of people in a rush to get away from hunger and hardship they face in large cities that could sustain them no more.

"This small child doesn't know that the bedsheet with which he is playing is the shroud of his mother who has gone into eternal sleep. This mother died of hunger and thirst after being on a train for four days. Who is responsible for these deaths on trains? Shouldn't the opposition ask uncomfortable questions?" tweeted Yadav.

However, police had a different story to tell.

Ramakant Upadhyay, the Dy SP of the Government Railway Police in Muzaffarpur, said the incident occurred on May 25 when the migrant woman was on way to Muzaffarpur from Ahmedabad by a Shramik Special train.

He told reporters the woman, who was accompanied by her sister and brother-in-law, had died on the Madhubani bound train.

"My sister-in-law died suddenly on the train. We did not face any problem getting food or water," the officer said, quoting the deceased's brother-in-law who he did not name.

He said on getting information, poice brought down the body and sent it for postmortem.

Citing the brother-in-law of the deceased, Upadhyay said she was aged 35 years and was undergoing treatment for "some disease" for the last one year in Ahmedabad. "She was also mentally unstable," he said.

When persistently queried about the cause of death, he said,"Only doctors can tell".

A massive exodus of migrant workers is on in several parts of the country, unprecedented in magnitude since Partition.

The humanitarian crisis still unfolding on highways and railway platforms has shone light on disturbing tales of entire families walking hundreds of kilometres with little children on foot in a seemingly endless march to escape hunger.

People have been found travelling on trucks and in the hollow of concrete mixing plants, and in many cases, dying from hunger and exhaustion before reaching their destinations.

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