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
March 9,2020

Kolkata, Mar 9: A diabetic man died in the isolation ward of a hospital in West Bengal's Murshidabad on Sunday, a day after he was admitted there with suspected symptoms of coronavirus following his return from Saudi Arabia.

According to doctors, he was admitted to the hospital with fever, cough and cold.

Though test results of his blood and swab samples for novel coronavirus were awaited, it can be said that he died probably of diabetes, Director of Health Services Ajay Chakraborty told PTI.

"The man was highly diabetic and was on insulin. He returned home from Saudi Arabia and had no money to take insulin for the last three to four days.

"He was also suffering from fever, cough and cold. He was admitted to the isolation ward of the Murshidabad Medical College and Hospital yesterday and died today," the health services director said.

"We are waiting for the results of medical tests. The possibility of his death due to novel coronavirus infection is remote," he said.

However, precautions will be taken during the last rites of the victim according to the directives set by the central and state governments for patients who die of the virus, another senior official said.

"Family members will not be allowed to touch the body since the man had been suffering from cough and breathlessness. Those performing his last rites will be given protective gear, masks and gloves. Though test results are yet to be known, we do not want to take any chance," he said.

Meanwhile, the state health department has issued a directive to all private medical facilities to create a system for assessing all patients at admission allowing early recognition of possible COVID-19 infection and immediate isolation of patients with suspected novel coronavirus infection in an area separate from other patients.

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News Network
May 18,2020

As many as employees of Zee News have tested positive for the coronavirus, Editor-in-Chief Sudhir Chaudhary said on Monday. Most of them are asymptomatic, he said, tweeting an official statement from Zee News about the situation.

The organisation said that on May 15, one of its employees tested positive for the coronavirus. Following this, the company started testing employees who may have come in contact with the employee. Twenty-seven more were found to be infected.

“Fortunately most of them are asymptomatic and are not complaining of any discomfort,” Zee News said. “We believe this is because of early diagnosis and proactive intervention.”

The news network said all guidelines and protocols have been followed, and its office, newsroom and studios have been sealed for sanitisation. The Zee News team has been shifted to an alternative facility.

“At the moment, Zee Media Corporation has 2,500 employees, by far the largest in the private sector,” the company said. “We are committed to the safety of each one of them.”

Chaudhary also claimed that “those who are infected had the option of sitting at home and sharing memes”. “They came to work because they are committed professionals.”

Following this, some social media users claimed that Zee News employees found infected with Covid-19 were still at work. In response, Chaudhary alleged that a malicious campaign was being conducted to distort his statement. He said no infected employee had come to work, and all the contacts of the employee who tested positive on May 15 had been tested and quarantined.

Over the past two months, journalists from several media organisations have tested positive for the coronavirus. On April 21, 26 employees of a Tamil news channel based in Chennai tested positive for the coronavirus. The previous day, over 50 journalists from Mumbai were found infected, after samples of over 170 journalists were tested.

On May 7, a newspaper journalist died of the coronavirus in Agra. Some states, such as Uttar Pradesh, Karnataka and Delhi, have tested journalists for Covid-19.

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News Network
June 17,2020

New Delhi, Jun 17: Petrol and diesel prices were increased in metros on Wednesday, marking the eleventh straight day of increase since state-owned oil companies returned to the normal practice of daily reviews following a 12-week pause. With effect from 6 am, the price of petrol was increased by 55 paise per litre, and diesel by 69 paise per litre in Delhi, compared to the previous day. While the price of petrol was revised to Rs 77.28 per litre in the national capital from Rs 76.73 per litre the previous day, the diesel rate was increased to Rs 75.79 per litre from Rs 75.19 per litre, according to notifications from state-run Indian Oil Corporation, the country's largest fuel retailer. In the 11-day period, the price of petrol has been increased by a cumulative Rs 6.02 per litre, and diesel by Rs 6.49 per litre.

International crude oil prices retreated on Wednesday, weighed down by an increase in US crude inventories and worries about a potential second wave of the coronavirus pandemic. Brent crude futures - the global benchmark for crude oil - were last seen trading 1.0 per cent lower at $40.56 per barrel.

State-run oil marketing companies revise the prices of petrol and diesel from time to time, besides aviation turbine fuel (ATF) - or jet fuel - and liquefied petroleum gas (LPG). However, since March 16, the oil companies had kept petrol and diesel prices on hold, possibly due to the volatility in global oil markets.

Fuel retailing in the country is dominated by state refiners - Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation. The three own about 90 per cent of the retail fuel outlets in the country.

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