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
January 30,2020

New Delhi, Jan 30: In a major shift of strategy ahead of the Delhi assembly polls, the Bharatiya Janata Party (BJP) has decided to rope in its senior leaders for massive public rallies.

Its star campaigners like Prime Minister Narendra Modi, Union Home Minister Amit Shah, BJP chief JP Nadda, Uttar Pradesh Chief Minister Yogi Adityanath, and other union ministers would now be addressing massive public rallies in addition to ongoing neighbourhood meetings.

"The big rallies would begin from February 1. While 'Nukkad' meetings will take place till the last day of campaigning, there would be big rallies of the top leadership of the party, " informed a senior party leader.

Sources said the BJP has changed its strategy after the success of its grassroots contact programme as the party wants to consolidate its gains.

"As part of the reworked strategy the BJP has asked its various Mandals to organise public meetings of 10,000-15,000 people in each assembly segment to reach out to the masses," sources added.

While there are two planned for Prime Minister Modi, two have been planned for JDU chief and Bihar Chief Minister Nitish Kumar along with Nadda and Amit Shah. Yogi Aadityanath too would be addressing 12 rallies.

The party is leaving no stone unturned to secure massive gains, which it feels can be converted to victory in the forthcoming polls.

Party sources feel that the relentless campaigning under the guidance of Amit Shah and Nadda has ensured that the morale of party cadre is at an all-time high.

"The neighbourhood meetings have ensured that we have been able to make the people of Delhi aware of the lack of work under the Arvind Kejriwal led Aam Aadmi Party government. They have also been apprised about the anti-national views of the opponents and we think that this is expected to turn the polls into our favour," sources added.

Delhi is scheduled for assembly polls on February 8 and the results for the 70 constituencies will be declared on February 11.

As part of the new strategy, senior leaders like JP Nadda, Amit Shah, Uttar Pradesh chief minister Yogi Adityanath, ministers like Rajnath Singh and Smriti Irani would be holding public rallies in various parts of the city. Several other chief ministers from various BJP ruled states are also expected to be roped in for the campaign.

The strategy for reach out to the masses is an attempt at weakening the hold of AAP on Delhi. With positive feedback coming after the success of the neighbourhood meetings in the past week, the BJP is now looking to increase its potential reach with polls just days away.

Till now the party had deployed 70 union ministers to hold at least one public meeting and one 'padayatra' each as part of the campaign.

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News Network
May 14,2020

May 14: Customs officials on Wednesday intercepted China-bound consignments of raw material for masks, misdeclared as packing materials for pouches, in large quantities, a senior official said.

It has also seized multiple shipments containing 5.08 lakh masks, 57 litres of sanitiser and 952 PPE kits bound for the US, the UK and the UAE, the official said.

The export of such goods is prohibited by the government in the wake of the COVID-19 pandemic.

"On the basis of specific intelligence, 2,480 kg of raw material for masks was intercepted by air cargo export, Delhi Customs. The goods were misdeclared as packing materials for pouches and were being illegally attempted to be smuggled/ exported to China," he said. 

These goods are prohibited for export as per the latest guidelines issued by the Directorate General of Foreign trade (DGFT), he said, adding that investigation into the case is under progress.

In another catch, the air cargo officers intercepted multiple shipments containing 5.08 lakh masks, 57 litres of sanitiser in 950 bottles and 952 PPE kits at the courier terminal in New Delhi. These were attempted to be smuggled or exported out of the country, the official said.

"These goods are also prohibited for export," he added. 

These items were being illegally exported to the United States, United Kingdom and the United Arab Emirates. "No arrests have been made so far," the official said.

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News Network
February 2,2020

Mumbai, Feb 2: Kerala Chief Minister Pinarayi Vijayan on Sunday slammed the BJP-led central government on the Citizenship Amendment Act (CAA) and said that the new law only serves the objectives of the Sangh Parivar of turning India into a Hindu Rashtra.

He said that in order to achieve their objectives, the "communal elements" are trying to divide India's people through the same strategy as employed by the British colonisers in the past.

Lauding people in Mumbai for their protests against CAA, the National Register of Citizens (NRC) and the National Population Register (NPR), the Kerala chief minister also outlined three reasons for his government's decision to reject the Citizenship Amendment Act.

"Over the last several weeks, Mumbai citizens made clear their unyielding opposition to efforts made by Hindutva elements to tear apart the secular fabric of our society. I express solidarity with struggles being made across the city in defence of secularism and the Indian Constitution," Vijayan said at an event here.

The chief minister was addressing the 'Mumbai Collective' here on the topic of 'National struggle against communalism'.

"The government of Kerala is acting as per the Constitution. Like Kerala, other states are also looking at CAA as against the fundamentals of the Constitution. It (CAA) violates basic human rights and is divisive and deeply discriminatory," CM Vijayan said, adding that the new citizenship law only furthers the Sangh Parivar's objective of creating a Hindu Rashtra.

He said the CAA needs to be rejected for three basic reasons.

"First, it is against the letter and spirit of our Constitution. Secondly, it is highly discriminatory and violative of human rights. Thirdly, it seeks to impose philosophy of Sangh Parivar with its mission of Hindu Rashtra," the chief minister said.

Vijayan also participated in the human chain organised by Left Democratic Front (LDF) against CAA and NRC and said that "the law is a threat to the secularism of this country".

The newly enacted law is facing stiff opposition across the country with several non-NDA states including Kerala, West Bengal, Rajasthan and Punjab refusing to implement it.

Rajasthan, Kerala and Punjab have passed resolutions against the recently amended law in their respective state Assemblies.

The CAA grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians fleeing religious persecution from Pakistan, Afghanistan and Bangladesh and who came to India on or before December 31, 2014.

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