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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News Network
May 5,2020

Kochi, May 5: India has sent three naval ships to evacuate its citizens stranded in the Maldives and UAE due to the COVID-19 pandemic, a defence spokesperson said in the early hours on Tuesday.

INS Jalashwa deployed off Mumbai coast, along with INS Magar, diverted for Maldives on Monday night, he said.

While INS Shardul diverted to Dubai to evacuate the expatriates, the spokesperson added.

The three ships will return to Kochi, he said.

INS Magar and INS Shardul are Southern Naval Command ships, while INS Jalashwa is from Eastern Naval Command.

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News Network
February 17,2020

New Delhi, Feb 17: Four death row convicts in the 2012 Nirbhaya gang rape and murder will be hanged on March 3 at 6 am a Delhi court said on Monday.

The Patiala House Court on Monday issued fresh death warrants against four convicts while hearing a petition by the state and Nirbhaya's parents.

Earlier, Delhi High Court on February 5 granted a week's time to the four convicts to avail of all legal remedies available to them and said that the convicts cannot be hanged separately since they were convicted for the same crime.

A Delhi Court had earlier issued a death warrant against the four convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh -- on January 7 and they were scheduled to be executed on January 22 at Tihar Jail. Later, the execution was suspended indefinitely by a Delhi court.

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January 7,2020

Mumbai, Jan 7: Against the backdrop of the attack on JNU students, the Shiv Sena on Tuesday hit out at Prime Minister Narendra Modi and Union Home Minister Amit Shah, alleging that what they wanted was happening, and said such "brutal politics" was never seen before in the country.

An editorial in Shiv Sena mouthpiece 'Saamana' further alleged that the BJP wanted to see "Hindu-Muslim riots" over the Citizenship Amendment Act, but that did not happen.

Since the BJP has been cornered over the issue of CAA, several things are happening out of "revenge", it said.

Comparing the attack on Jawaharlal Nehru University (JNU) students to the 26/11 Mumbai terror strikes, the Shiv Sena said: "divisive politics" was dangerous for the country.

It said the Union Home Ministry's decision to file cases against "unknown" attackers at JNU was laughable. "Those who entered JNU with masks are not unknown," it claimed.

On Sunday, a mob of masked young people stormed the Jawaharlal Nehru University (JNU) campus in south Delhi and targeted students in three hostels, unleashing mayhem with sticks, stones and iron rods, hitting inmates and breaking windows, furniture and personal belongings.

Nearly 34 people were injured in the violence.

"The fallout of JNU attack is being seen elsewhere in the country...what Modi and Shah want is happening. The country is in danger. Divisive politics is dangerous for the country," the Uddhav Thackeray-led party said.

Terrorists who attacked Mumbai on November 26, 2008, were also masked and the same was seen at JNU. Such elements need to be exposed, it said.

"Allowing blood stains in universities, colleges and beating up of students and indulging in politics over the burning situation...such brutal politics was never seen before," the Marathi publication said while terming the attack on JNU students as a "blot" on the law and order situation.

Lashing out at Amit Shah, the Sena said he his in Delhi and busy distributing official pamphlets door-to-door to promote the Citizenship Amendment Act.

There is "confusion and unrest" in the country over the new citizenship law, it pointed out.

"The BJP wanted to see Hindu-Muslim riots over the issue, but that did not happen. The nationwide protests are not being done by Muslims alone. Hindus will also be affected due to the new Act," the Shiv Sena said.

It said the BJP has been cornered over the CAA issue.

Since the prevailing situation is "BJP versus the rest", hence "out of revenge", several things are happening, the Marathi daily said, adding that "there is room for doubt if the JNU attack was part of the revenge."

The BJP has condemned the violence and said universities should stay away from politics, it noted.

"Who brought violence and politics in universities in the last five years? Who is implementing the policy of destroying those who don't agree with your ideology by use of power?" it asked.

Without taking any name, the Sena said those who call students opposing the CAA as anti-nationals, are themselves anti-national.

"When Amit Shah accuses Congress leaders Rahul Gandhi and Priyanka Gandhi of inciting violence, he admits that the Gandhi siblings have that much power to create mass awareness against a law brought in by the Centre and bring people to streets," the Sena said.

One cannot say if the Gandhi siblings incited violence, but one thing is sure that the Union Home Minister and his party are forced to distribute pamphlets to "clarify" on the new citizenship law, it said in sarcastic comments.

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