SC verdict on Article 377: India joins 25 nations where homosexuality is legal

Agencies
September 6, 2018

New Delhi, Sept 6: With the Supreme Court decriminalising gay sex in a landmark and historic ruling on Thursday, India joined 25 other countries where homosexuality is legal.

However, 72 countries and territories worldwide still continue to criminalise same-sex relationships, including 45 in which such relationships between women are outlawed.

In what is being hailed as a historic move, a five-judge constitution bench of the Supreme Court on Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex, saying it violated the rights to equality.

The constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which criminalises consensual unnatural sex as irrational, indefensible and manifestly arbitrary.

According to a recent report of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), there are eight countries in which homosexuality can result in a death penalty and dozens more in which homosexual acts can result in a prison sentence.

Indian equal rights activists have undertaken a long and arduous journey to decriminalise same-sex relationships.

They had tasted their first victory when the Delhi High Court in July 2009 decriminalised homosexuality among consenting adults. However, in December 2012 the Supreme Court, quashing the High Court order, held that the order was legally unsustainable.

In 2015, the Lok Sabha voted against the introduction of a private member's Bill to decriminalise homosexuality, proposed by Congress MP Shashi Tharoor, indicating that the BJP led NDA Government was not in a hurry to legalise homosexuality.

Soon after a group of well known LGBT rights activists, N S Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur approached the SC which agreed to reconsider the issue.

The petition claimed their rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other fundamental rights guaranteed under Part-III of Constitution, are violated by Section 377.

In a ray of hope for the community, in August 2017, the apex court upheld the Right to Privacy, stating that sexual orientation is an essential attribute of privacy.

In Thursday's verdict the bench, which also comprised Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, struck down part of Section 377 of the IPC as being violative of the right to equality and the right to live with dignity.

In four separate but concurring judgements, the top court set aside its 2013 verdict in the Suresh Kaushal case which had re-criminalised consensual unnatural sex.

"I was turning into a cynical human being with very little belief in the system, but honestly this has really shown once again that, at the end, we are a functional democracy where freedom of choice, speech and rights still exist," said Dalmia who is currently in the UK.

Calling the SC verdict a historical judgement, Karan Johar wrote on Twitter, ''Historical judgement!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!"

Some of the countries where gay sex has been legalised are:- Argentina (2010), Greenland (2015), South Africa (2006), Australia (2017), Iceland (2010), Spain (2005), Belgium (2003), Ireland (2015), United States (2015), Brazil (2013), Luxembourg (2014), Sweden (2009) and Canada (2005).

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News Network
May 29,2020

New Delhi, May 29: With the highest spike of 7,466 more COVID-19 cases and 175 deaths reported in the past 24 hours, India's COVID-19 tally reached 1,65,799 on Friday, according to the Union Ministry of Health and Family Welfare.

The number of active coronavirus cases stands at 89,987 while 71,105 people have been cured or recovered and one patient has migrated, it said. The death toll due to the infection has reached 4,706 in the country.

Maharashtra is the worst affected state with 59,546 cases. Tamil Nadu has recorded as many as 19,372 cases while Gujarat and Delhi have recorded 15,562 and 16,281 coronavirus cases respectively.

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Agencies
April 23,2020

New Delhi, Apr 23: The nationwide lockdown in India which started about a month ago has impacted nearly 40 million internal migrants, the World Bank has said.

The lockdown in India has impacted the livelihoods of a large proportion of the country's nearly 40 million internal migrants. Around 50,000 60,000 moved from urban centers to rural areas of origin in the span of a few days, the bank said in a report released on Wednesday.

According to the report -- 'COVID-19 Crisis Through a Migration Lens' -- the magnitude of internal migration is about two-and-a-half times that of international migration.

Lockdowns, loss of employment, and social distancing prompted a chaotic and painful process of mass return for internal migrants in India and many countries in Latin America, it said.

Thus, the COVID-19 containment measures might have contributed to spreading the epidemic, the report said.

Governments need to address the challenges facing internal migrants by including them in health services and cash transfer and other social programmes, and protecting them from discrimination, it said.

World Bank said that coronavirus crisis has affected both international and internal migration in the South Asia region.

As the early phases of the crisis unfolded, many international migrants, especially from the Gulf countries, returned to countries such as India, Pakistan, and Bangladesh until travel restrictions halted these flows.

Some migrants had to be evacuated by governments, such as those of China and Iran, it said.

Before the coronavirus crisis, migrant outflows from the region were robust, the report said.

The number of recorded, primarily low-skilled emigrants from India and Pakistan rose in 2019 relative to the prior year but is expected to decline in 2020 due to the pandemic and oil price declines impacting the Gulf countries.

In India, the number of low-skilled emigrants seeking mandatory clearance for emigration rose slightly by eight percent to 368,048 in 2019.

In Pakistan, the number of emigrants jumped 63 per cent to 6,25,203 in 2019, largely due to a doubling of emigration to Saudi Arabia, it said.

According to the bank, migration flows are likely to fall, but the stock of international migrants may not decrease immediately, since migrants cannot return to their countries due to travel bans and disruption to transportation services.

In 2019, there were around 272 million international migrants.

The rate of voluntary return migration is likely to fall, except in the case of a few cross-border migration corridors in the South (such as Venezuela-Colombia, Nepal-India, Zimbabwe South Africa, Myanmar-Thailand), it said.

Migrant workers tend to be vulnerable to the loss of employment and wages during an economic crisis in their host country, more so than native-born workers.

Lockdowns in labour camps and dormitories can also increase the risk of contagion among migrant workers.

Many migrants have been stranded due to the suspension of transport services. Some host countries have granted visa extensions and temporary amnesty to migrant workers, and some have suspended the involuntary return of migrants, it said.

Observing that government policy responses to the COVID-19 crisis have largely excluded migrants and their families back home, the World Bank said there is a strong case for including migrants in the near-term health strategies of all countries, given the externalities associated with the health status of an entire population in the face of a highly contagious pandemic.

The Bank said governments would do well to consider short, medium and long-term interventions to support stranded migrants, remittance infrastructure, loss of subsistence income for families back home, and access to health, housing, education, and jobs for migrant workers in host/transit countries and their families back home.

The pandemic has also highlighted the global shortage of health professionals and an urgent need for global cooperation and long-term investments in medical training, it said.

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News Network
March 31,2020

Thiruvananthapuram, Mar 31: Kerala reported its second COVID-19 death after a 68-year-old man being treated for the virus, died at the Government Medical College Hospital here in the early hours on Tuesday.

The victim, Abdul Aziz, a retired ASI hailing from Pothencode here, was admitted to the isolation ward on March 23 with the symptoms of the Corona infection. He was also suffering from lung and kidney diseases.

Though his first test result for COVID-19 turned negative, the second test result confirmed positive, official sources said.

However, it was not known from where he caught the virus infection. leaving chances for a secondary contract of a COVID-19 patient.

His funeral will take place as per the protocol, the sources added.

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