UN lauds SC verdict on homosexuality, hopes it will boost efforts to eliminate stigma

Agencies
September 6, 2018

New Delhi, Sept 6: United Nations India on Thursday lauded the Supreme Court for striking down a "key component" of IPC's Section 377 which criminalises "specific sexual acts between adults" and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons.

It also hoped the ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons.

Sexual orientation and gender expression form an integral part of an individual’s identity the world over, and violence, stigma and discrimination based on these attributes constitute an "egregious" violation of human rights. it said.

"The United Nations in India welcomes the landmark ruling by the Supreme Court of India striking down a key component of Section 377 of the Indian Penal Code which criminalized specific sexual acts between adults, a law dating back to British colonial rule that has targeted in particular lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and communities," it said in a statement.

LGBTI persons across the world continue to be the targets of violent attacks and are affected by multiple and intersecting forms of discrimination based on age, gender, ethnicity, disability and social status, the statement added.

"The UN in India sincerely hopes that the court’s ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons. We also hope that the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons in all areas of social, economic, cultural and political activity, thereby ensuring a truly inclusive society.

"The focus must now be on ensuring access to justice, including remedy; effective investigations of acts of violence and discrimination; and effective access to economic, social and cultural rights," the organisation said.

A five-judge Constitution bench of the Supreme Court 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 bench headed by Chief Justice Dipak Misra termed it irrational, indefensible and manifestly arbitrary.

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News Network
February 5,2020

New Delhi, Feb 5: Taking on Delhi Chief Minister Arvind Kejriwal after Shaheen Bagh shooter Kapil Baisala was identified as an AAP worker by police, BJP chief J P Nadda on Tuesday said it exposed the party and Kejriwal who were playing with the country's security.

The Aam Aadmi Party hit back, questioning the police investigation.

In a series of tweets, Nadda said people of the country and Delhi today have seen the "dirty face" of AAP.

"For political longing, Kejriwal and his people even sold the security of the country. Earlier, Kejriwal used to insult the Army and advocate terrorists, but today relations with those who carry out their terrorist activities came to light," he said.

Nadda said he wanted to make it clear to Kejriwal that this country is bigger than any election, any government, and "this nation will not forgive those who play with its security. Kejriwal and his entire team have been exposed. The people of Delhi will give a befitting reply".

He claimed the entire country has seen "photos of Imam Hussain, the MLA and former minister of the Delhi government, with a radical terrorist organisation, PFI".

Days before Delhi goes to polls, police claimed that Baisala is a member of the Aam Aadmi Party. They said Baisala joined the party in early 2019 along with his father.

Police said it had photos of Baisala purportedly joining AAP along with his father Gaje Singh last year.

AAP's Rajya Sabha MP Sanjay Singh alleged that photos which were part of investigation were leaked to the BJP. He also said the party will approach the Election Commission to raise this issue, which has cropped up four days before the polling date.

"On whose instance, the police is giving statement? How did the photos which were part of the investigation reach the BJP? Before the news came out, Manoj Tiwari in the morning stated that the accused was from AAP. How did Manoj Tiwari get this news," Singh questioned in a press conference.

Union minister and BJP's in-charge for the Delhi polls, Prakash Javadekar, in a press conference alleged that "their (AAP's) designs are very clear from the beginning and they are trying every trick".

The whole conspiracy of AAP is to "divide society, cause fear in a community and create a vote bank," he charged.

Javadekar also claimed that photos of Baisala were recovered by police from his mobile phone although they were erased.

He also claimed that Baisala and his father were welcomed by Sanjay Singh at their joining of AAP.

"This proves AAP misleads youth and pushes them on the wrong path. AAP's strategy is to divide two communities, they want to instigate riots in Delhi," Javadekar alleged.

He further alleged that AAP leader Sanjay Singh had said violence would take place in Delhi. Their "conspiracy has been exposed by Delhi Police," he claimed.

"We condemn this politics of AAP," he said.

Javadekar also claimed this was "not an isolated incident" as AAP member Amanatullah Khan made a "very provocative speech" and the party supported Shaheen Bagh and did not give permission for the prosecution of members of the "tukde-tukde gang".

He hinted the BJP could approach the Election Commission against AAP over the issue.

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News Network
June 2,2020

New Delhi, Jun 2: Manu Sharma, a convict in the 1999 Jessica Lal murder case, was released from Tihar Jail yesterday on the grounds of good behaviour after serving more than 16 years in prison, jail officials said on Tuesday.

Sharma had received the approval of the Lieutenant Governor of Delhi for his release after a recommendation of the Sentence Review Board for the same.

Advocate Amit Sahni, while speaking to ANI, had said that Delhi Lieutenant Governor Anil Baijal had approved the name of Siddharth Vashishth also known as Manu Sharma for release from Tihar Jail.

He said that Sharma's name was approved in a sentence review board meeting held on May 11. Earlier, Delhi High Court had also asked the SRB to consider his name for release.

Sharma, the son of former Congress leader Venod Sharma, was convicted for shooting and murdering Jessica Lal, when she refused to serve him liquor at Tamarind Court restaurant at Qutub Colonnade in south Delhi's Mehrauli on April 29, 1999.

Vashishth, 45-years-old, was serving a life term in connection with a case registered under Section 302 (murder), 201 (causing disappearance of evidence of the offense or giving false information to screen offender) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

According to officials, the convict has undergone imprisonment for 16 years, 11 months and 24 days in actual, and 23 years 4 months and 22 days with remission. He has availed parole 12 times and furlough 24 times.

Earlier, Manu's wife -- Preity Sharma -- had approached the National Human Rights Commission (NHRC) claiming that her husband had been illegally detained for more than the prescribed period of incarceration (20 years with remission) as per the prevalent policy of the state.

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News Network
January 13,2020

Jan 13: For the first time in years, the government of India’s Prime Minister Narendra Modi is playing defense. Protests have sprung up across the country against an amendment to India’s laws — which came into effect on Friday — that makes it easier for members of some religions to become citizens of India. The government claims this is simply an attempt to protect religious minorities in the Muslim-majority countries that border India; but protesters see it as the first step toward a formal repudiation of India’s constitutionally guaranteed secularism — and one that must be resisted.

Modi was re-elected prime minister last year with an enhanced majority; his hold over the country’s politics is absolute. The formal opposition is weak, discredited and disorganized. Yet, somehow, the anti-Citizenship Act protests have taken hold. No political party is behind them; they are generally arranged by student unions, neighborhood associations and the like.

Yet this aspect of their character is precisely what will worry Modi and his right-hand man, Home Minister Amit Shah. They know how to mock and delegitimize opposition parties with ruthless efficiency. Yet creating a narrative that paints large, flag-waving crowds as traitors is not quite that easy.

For that is how these protests look: large groups of young people, many carrying witty signs and the national flag. They meet and read the preamble to India’s Constitution, into which the promise of secularism was written in the 1970’s.

They carry photographs of the Constitution’s drafter, the Columbia University-trained economist and lawyer B. R. Ambedkar. These are not the mobs the government wanted. They hoped for angry Muslims rampaging through the streets of India’s cities, whom they could point to and say: “See? We must protect you from them.” But, in spite of sometimes brutal repression, the protests have largely been nonviolent.

One, in Shaheen Bagh in a Muslim-dominated sector of New Delhi, began simply as a set of local women in a square, armed with hot tea and blankets against the chill Delhi winter. It has now become the focal point of a very different sort of resistance than what the government expected. Nothing could cure the delusions of India’s Hindu middle class, trained to see India’s Muslims as dangerous threats, as effectively as a group of otherwise clearly apolitical women sipping sweet tea and sharing their fears and food with anyone who will listen.

Modi was re-elected less than a year ago; what could have changed in India since then? Not much, I suspect, in most places that voted for him and his party — particularly the vast rural hinterland of northern India. But urban India was also possibly never quite as content as electoral results suggested. India’s growth dipped below 5% in recent quarters; demand has crashed, and uncertainty about the future is widespread. Worse, the government’s response to the protests was clearly ill-judged. University campuses were attacked, in one case by the police and later by masked men almost certainly connected to the ruling party.

Protesters were harassed and detained with little cause. The courts seemed uninterested. And, slowly, anger began to grow on social media — not just on Twitter, but also on Instagram, previously the preserve of pretty bowls of salad. Instagram is the one social medium over which Modi’s party does not have a stranglehold; and it is where these protests, with their photogenic signs and flags, have found a natural home. As a result, people across urban India who would never previously have gone to a demonstration or a political rally have been slowly politicized.

India is, in fact, becoming more like a normal democracy. “Normal,” that is, for the 2020’s. Liberal democracies across the world are politically divided, often between more liberal urban centers and coasts, and angrier, “left-behind” hinterlands. Modi’s political secret was that he was that rare populist who could unite both the hopeful cities and the resentful countryside. Yet this once magic formula seems to have become ineffective. Five of India’s six largest cities are not ruled by Modi’s Bharatiya Janata Party in any case — the financial hub of Mumbai changed hands recently. The BJP has set its sights on winning state elections in Delhi in a few weeks. Which way the capital’s voters will go is uncertain. But that itself is revealing — last year, Modi swept all seven parliamentary seats in Delhi.

In the end, the Citizenship Amendment Act is now law, the BJP might manage to win Delhi, and the protests might die down as the days get unmanageably hot and state repression increases. But urban India has put Modi on notice. His days of being India’s unifier are over: From now on, like all the other populists, he will have to keep one eye on the streets of his country’s cities.

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