SC refers petition on homosexuality to CJI's bench

June 29, 2016

New Delhi, Jun 29: The Supreme Court today referred the plea of some celebrities, who claim to be part of the LGBT community, seeking quashing of section 377 of the IPC which criminalises homosexuality in the country, to a bench already seized of the matter.homo

A bench comprising Justices S A Bobde and Ashok Bhushan said the matter will be listed before a bench headed by the Chief Justice of India for appropriate orders.

During the hearing, senior advocate Arvind Datar said the plea should be tagged along with the curative petition pending in the court. The bench then said it could be mentioned before the bench headed by Chief Justice T S Thakur.

"Let the matter be listed for the Chief Justice for appropriate orders," the bench said.
The celebrities including chef Ritu Dalmia, hotelier Aman Nath and dancer N S Johar, in their plea had sought protection of their sexual rights on the ground that it is an integral part of the fundamental right to life.

The gay celebrities said their lives have been "inexorably constricted and their rights infringed" by the penal provision. Earlier, a bench headed by Chief Justice T S Thakur had agreed to hear in an open court the curative plea of NGO 'Naz Foundation' and some gay rights activists.

On February 2, the court referred the curative plea to a five-judge Constitution Bench for re-examination of the 2-year old verdict by which a colonial law, criminalising consensual sexual acts between same sex under section 377, was restored.

The curative plea was filed against dismissal of their petition seeking a review of the 2013 judgement of the apex court upholding the validity of section 377 (unnatural sexual offences) of IPC.

Now, the gay celebrities have filed a fresh writ petition to quash the penal provision.
Naz Foundation had filed a petition in December 2001 in the Delhi High Court, which had on July 2, 2009,decriminalised Section 377.

After refusing twice to entertain the pleas against Section 377, the SC had on February 2 referred the issue to a five-judge bench. 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 punishable up to life imprisonment.

The court had said it did not see any reason to interfere with the December 11, 2013 verdict. It had also rejected the plea for oral hearing on review petitions which are normally decided by judges in-chamber without giving an opportunity to parties to present their views.

It had revived the penal provision making gay sex an offence punishable with life term.
While setting aside the July 2, 2009 verdict of 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 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
March 19,2020

New Delhi, Mar 19: Former Chief Justice of India Ranjan Gogoi took oath as Rajya Sabha MP on Thursday.

Gogoi's wife Rupanjali Gogoi, daughter, and son in law were also present in Parliament.

Congress staged a walkout from the Rajya Sabha over Gogoi's membership to the House.

Meanwhile, Union Minister Ravishankar Prasad welcomed Gogoi in the Rajya Sabha.

President Ram Nath Kovind had nominated the former CJI to the Rajya Sabha on March 16.

Gogoi served as the 46th Chief Justice of India from October 3, 2018, to November 17, 2019.

On November 9, 2019, a five-judge Bench headed by him had delivered the verdict in the long-pending Ramjanmabhoomi case.

Comments

Fairman
 - 
Thursday, 19 Mar 2020

People lost trust in Judiciary because of such horrible criminals.

 

He betrayed the whole nation. Unless he is booked, the judiciary will not restore the lost faith. 

 

 

The loss may be momentary in nature, It is the promise of the Almighty, He will ensure the justice is served to everyone. 

 

Angry Indian
 - 
Thursday, 19 Mar 2020

Pure slave like goo mutur....nice life DDDDOOOOGGGGG

 

ayes p.
 - 
Thursday, 19 Mar 2020

Fixed from judgement of babri masjid to rajya sabha member

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News Network
March 16,2020

Mar 16: A fourth batch of 53 Indians returned to India from Iran on Monday, taking the total number of people evacuated from the coronavirus-hit country to 389.

This comes a day after over 230 Indians were brought back from Iran to New Delhi and quarantined at the Indian Army Wellness Centre in Jaisalmer, the third batch to be evacuated from that country.

"Fourth batch of 53 Indians - 52 students and a teacher - has arrived from Tehran and Shiraz, Iran. With this, a total of 389 Indians have returned to India from Iran. Thank the efforts of the team @India_in_Iran and Iranian authorities," Jaishankar tweeted.

The Indians came in a Mahan Air flight that landed at the Delhi airport at around 3 am, officials said, adding that they were later taken to Jaisalmer in an Air India flight for being quarantined.

The first batch of 58 Indian pilgrims were brought back from Iran last Tuesday and the second group of 44 Indian pilgrim arrived from there on Friday.

Iran is one of the worst-affected countries by the coronavirus outbreak and the government has been working to bring back Indians stranded there. Over 700 people have died from the disease in Iran and nearly 14,000 cases have been detected.

Jaishankar had told Rajya Sabha last week that the government was focusing on evacuating Indians stranded in Iran and Italy as these countries are facing an "extreme situation".

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