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
February 11,2020

New Delhi, Feb 11: Votes between Hindus and Muslims were ''completely polarised'', said Congress party's Alka Lamba, as she trailed at Chandni Chowk assembly seat on Tuesday.

"I accept the result, but don't give up. Hindu-Muslim votes were completely polarised. The #Congress Party will now have to prepare for a new fight with new faces and a long struggle for the people of #Delhi. If you fight today, you will also win tomorrow," Ms. Lamba tweeted in Hindi.

As per the Election Commission (EC) website, Ms. Lamba is in third position with just 1,229 votes so far. AAP's Parlad Singh Sawhney is ahead with 23,281 votes followed by Suman Kumar Gupta of BJP.

Ms. Lamba, who had won from Chandni Chowk on an AAP ticket in the 2015 polls, was expelled from AAP last year after she joined Congress, citing differences with Delhi Chief Minister Arvind Kejriwal.

As per the EC official trends, AAP is maintaining a strong lead on 58 seats, while the BJP is far behind at 12. Congress has failed to open its account so far.

The counting of votes for 70 seats of the Delhi Assembly began at 8 am today amid tight security.

Delhi went to polls in a single-phase on February 8. AAP, BJP, Congress are the main political parties in the fray.

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Agencies
February 10,2020

New Delhi, Fevb 10: Of the countries most at risk of importing coronavirus cases, India ranks 17th, researchers have found on the basis of a mathematical model for the expected global spread of the virus that originated in China's Wuhan area in December 2019.

So far, India has reported three coronavirus positive cases -- all from Kerala.

Among the airports in India, the Indira Gandhi International Airport in New Delhi is most at risk, followed by airports in Mumbai, Kolkata, Bengaluru, Chennai, Hyderabad and Kochi, according to the model.

The new model for predicting global novel coronavirus cases has been developed by researchers from Humboldt University and Robert Koch Institute in Germany.

"The spread of the virus on an international scale is dominated by air travel," said the study.

"Wuhan, the seventh largest city in China with 11 million residents, was the relevant major domestic air transportation hub with many connecting international flights before the city was effectively quarantined on January 23, 2020, and the Wuhan airport was closed. By then the virus had already spread to other Chinese provinces as well as other countries," it added.

The researchers said that it is possible to estimate how likely it is that the virus spreads to other areas by looking at air travel passenger numbers.

"The busier a flight route, the more probable it is that an infected passenger travels this route. Using these probabilistic concepts, we calculate the relative import risk to other airports. When calculating the import risk, we also take into account connecting flights and travel routes that involve multiple destinations," said the study.

The top 10 countries and regions at risk of importing coronavirus cases are: Thailand, Japan, South Korea, Hong Kong, Taiwan, USA, Vietnam, Malaysia, Singapore and Cambodia, according to the model.

While Thailand's national import risk is 2.1%, it is 0.2% for India, found the research.

The foundation of the model is the worldwide air transportation network (WAN) that connects approximately 4,000 airports with more than 25,000 direct connections.

The model accounts for both, the current distribution of confirmed cases in mainland China as well as airport closures that were implemented as a mitigation strategy.

This network theoretic model is based on the concept of effective distance and is an extension of a model introduced in the 2013 paper "The Hidden Geometry of Complex, Network-Driven Contagion Phenomena" published in the journal Science.

The current outbreak of the 2019-nCoV virus started in Wuhan city, Hubei province, China. While the first cases were reported as early as December 8, 2019, the outbreak gained global attention on December 31, 2019, when the World Health Organization was alerted to "several cases of pneumonia" by an unknown virus.

The new virus was soon identified as a novel coronavirus and named 2019-nCOV. It belongs to the family of viruses that include the common cold and viruses such as SARS and MERS. On January 20, 2020, it was confirmed that the coronavirus can be transmitted between humans, greatly increasing the risk of a global spread.

The death toll due to the novel coronavirus outbreak in China has increased to 811 on Sunday, surpassing that of the Severe Acute Respiratory Syndrome (SARS) epidemic in 2003.

Although about 20 countries have confirmed cases, China has accounted for about 99 per cent of those infected. The first foreign victims of the virus both died on Saturday in Wuhan.

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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.

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