Now, homosexuality is not a crime in India as SC scraps 157-year-old law

Agencies
September 6, 2018

New Delhi, Sept 6: In a landmark judgement, after months of deliberations, the Supreme Court on Thursday struck down the Section 377 of the Indian Penal Code (IPC) which criminalised homosexuality.

A five-judge Constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra, issued the verdict on a bunch of petitions filed to scrap the law. The bench had earlier reserved its verdict on July 17.

Criminalising gay sex is irrational and indefensible, observed the CJI while delivering the verdict. The Lesbian Gay Bisexual Transgender community has same rights as any other citizen, the CJI added. Respect for each other's rights, and others are supreme humanity, observed the bench unanimously, while saying that right to live with dignity is right.

Known as Section 377 of the IPC, the 157-year-old law criminalised certain sexual acts, terming them as 'unnatural offences', punishable by a 10-year jail term.

The law punished "carnal inter¬course against the order of nature with any man, woman or animal" and thus had bigger implications for same-sex relationships.

The legal battle to scrap the statute has gone on for several years.

The Delhi High Court, in 2009, decriminalised homosexuality. But in 2013, the Supreme Court restored the colonial-era law. Three years later, the top court agreed to hear the Section 377 petition once more.

Petitioners before the Supreme Court argued that the controversial law was not in tandem with a 2017 ruling that guaranteed the right to privacy to people.

During the hearing in July, the government told the apex court that it would leave to the wisdom of the court to decide the constitutional validity of Section 377.

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News Network
June 20,2020

New Delhi, Jun 20: With the highest single-day increase of 14,516 COVID-19 cases reported in the last 24 hours, India's coronavirus count stood at 3,95,048 on Saturday.

The death toll has gone up to 12,948 in the country with 375 persons succumbing to the infection.

According to the Union Ministry of Health and Family Welfare, the total number of cases includes 1,68,269 active cases, 2,13,831 cured/discharged/migrated and 12,948 deaths.

Maharashtra with 1,24,331 cases continues to be the worst-affected state in the country with 55,665 active cases while 62,773 patients have been cured and discharged in the state so far. The death toll due to COVID-19 stands at 5,893 in the state.

The number of confirmed cases in Tamil Nadu also crossed the 50 thousand mark on Saturday and reached 54,449.

The national capital is the third-worst affected by the infection in the country with the count reaching 53,116 today.

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News Network
July 17,2020

Lukung, Jul 17: Union Defence Minister Rajnath Singh on Friday assured that not an inch of our land can be taken by any power in the world while he interacted with the Indian Army and ITBP personnel at Lukung.

Referring to the India-China border standoff, he said, "Talks are underway to resolve the border dispute but to what extent it can be resolved I cannot guarantee. I can assure you, not one inch of our land can be taken by any power in the world."

Emphasising on finding a diplomatic solution to the standoff, he further said, "If a solution can be found by talks, there is nothing better."
"Recently what happened between troops of India and China at PP14, how some of our personnel sacrificed their lives protecting our border. I am happy to meet you all but also saddened because of their loss. I pay my tributes to them," he added.

Singh interacted with the Army and Paramilitary troops here along with Chief of Defence Staff General Bipin Rawat and Army Chief General MM Naravane.

Earlier today, the Defence Minister witnessed para dropping and scoping weapons here. He also inspected a Pika machine gun.

Indian Army T-90 tanks and BMP infantry combat vehicles carried out the exercise at Stakna, Leh in presence of Singh, Chief of Defence Staff and Army Chief.

Defence Minister is on a two-day visit to Ladakh and Jammu and Kashmir. He will take stock of the situation at both the Line of Actual Control (LAC) and the Line of Control (LOC).

While Pakistan constantly violates ceasefire from across the LoC, China has continued to intrude into Indian territory in Ladakh region in recent past, escalating tensions between India and its eastern neighbour.

On June 15, twenty Indian soldiers laid out their lives during combat with Chinese forces in Galwan valley, leading to tensions between both nations. Chinese soldiers subsequently started moving back following dialogues between two countries through the military level and diplomatic level.

Singh was accompanied by the Chief of Defence Staff General Bipin Rawat and Army Chief General MM Naravane.

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News Network
July 5,2020

Ahmedabad, Jul 5: A woman police sub-inspector (PSI) with Ahmedabad Police was arrested and sent to three-day police remand, on Saturday, for allegedly accepting a bribe of Rs 20 lakh from an Ahmedabad-based businessman — accused in two rape cases — in exchange for not applying a stringent act against him.

According to police officials, Shweta Jadeja, PSI and incharge of Mahila police station (West) in the city, was arrested by a team of Detection of Crime Branch (DCB) officials in Ahmedabad on Friday after the complainant in the case, the rape accused, approached the Crime Branch and stated that Jadeja had allegedly demanded Rs 35 lakh form him, in exchange for not booking him under the Prevention of Anti-Social Activities (PASA) Act.

The PASA Act in Gujarat gives power to the police to detain an accused and send them to a prison away from their native district. The complainant claimed that he already paid Rs 20 lakh of the total amount to Jadeja on February 3.

On Saturday, a sessions court awarded Jadeja a three-day remand with the Crime Branch, which will end at 11:30 am on July 7. Following this, the PSI will undergo a medical check-up and be presented before the magistrate again.

“We had originally demanded a seven-day remand. The accused officer has been sent to three-day remand for further investigation in the case,” said a senior police official in Ahmedabad.

According to police, complainant Kenal Shah — managing director of GSP Crop Science Private Limited, a crop solution-based company in Ahmedabad — is allegedly facing two separate rape cases under IPC section 376.

PSI Jadeja was first entrusted with the investigation of a rape case against Shah in January this year, lodged at Mahila police station (West).

The rape case complaint is of 2019. Another rape case against Shah was being probed by Assistant Commissioner of Police (Crimes Against Women), Mini Josef, wherein the investigation was reportedly completed.

As per the remand application report filed by the police, Jadeja had allegedly threatened Shah through his brother Bhavesh Shah — a joint managing director at GSP Crop Science Private Limited — and initially demanded Rs 25 lakh for not applying the PASA Act against the accused. The bribe amount was then settled at Rs 20 lakh and in February, the accused allegedly paid the amount via an office accountant to one Jayubha, allegedly a representative of Jadeja, from a finance office in Jamjodhpur area of Ahmedabad.

The report further stated that after the initial amount was paid, a third complaint was allegedly made against Kenal by a security officer at his office, Yograjsinh, for criminal intimidation. After the third complaint, PSI Jadeja had contacted Bhavesh again and demanded an additional sum of Rs 15 lakh for not applying the PASA Act against Kenal. The complaint from the security officer was not converted into an FIR and Shah has not been jailed yet.

However, It was after the demand of Rs 15 lakh that complainant Kenal approached the Crime Branch on June 27. An FIR was lodged against Jadeja at Ahmedabad DCB police station under sections seven and twelve of the Prevention of Corruption Act, charging her for “public servant taking gratification other than legal remuneration in respect of an official act”.

“Now that we have received the remand of the accused officer from the court, we will try to trace and recover the alleged Rs 20 lakh amount she received in this case,” said Deepan Bhadran, Deputy Commissioner of Police, Ahmedabad.

Shweta Jadeja is a PSI of the 2016-’17 batch and a resident of Vastrapur in Ahmedabad, while her native place is in Keshod of Junagadh district. The police have not recovered the bribe amount she allegedly accepted as of late Saturday.

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