techkenyot.com
techkenyot.com March 20, 2019


Centre’s change in stance on Section 377 of IPC

11 July 2018, 04:43 | Glen Norman

Governance Constitutionality of 377 first personal rights later CJI says on rights of homosexuals Ritika Jain 10 July 2018

Governance       Constitutionality of 377 first personal rights later CJI says on rights of homosexuals
       
       	        Ritika Jain         10 July 2018

The Supreme Court on Tuesday said it would for now examine only the constitutional validity of the penal code's Section 377 that criminalises unnatural sex without getting into issues like inheritance and alimony that might arise if the law is eventually scrapped.

The bench, which also included Justices R.F. Nariman, A.M. Khanwilkar and Indu Malhotra, on Tuesday commenced hearing a batch of petitions and cross-petitions for and against the section.

During the hearing yesterday, the apex court had observed that colonial laws like Section 377 will have to pass the rigours of the Constitution.

NDTV is one of the leaders in the production and broadcasting of un-biased and comprehensive news and entertainment programmes in India and overseas.

Thai cave rescue: Journalist detained for drone stunt
It comes after he posted photos from inside the Tham Luang Cave in Chiang Rai on the final day of rescue operations. The disappearance, discovery and rescue of the Wild Boars soccer team has gripped people all over the world.

Section 377 of the penal code, a relic from 1860s British legislation, bans gay acts as "carnal intercourse against the order of nature" and allows for jail terms of up to life.

Another member of Pravritti said that a large number of their members have been involved in the ongoing struggle of decriminalising section 377. They should get jobs on merit, but we can not allow them to celebrate.

"Whatever may not be in question may not be decided", Additional Solicitor General Tushar Mehta told the court expressing the apprehension of the Centre. "Those are individual issues we can not pre-judge now", Chief Justice of India (CJI) Dipak Misra said.

A five-judge Constitution bench will hear six petitions and interventions filed by non-governmental organisation Naz Foundation, parents of queer people and Voices Against 377, a collective of human rights groups. It was outrage over that ruling which opened the floodgates to numerous eminent Indians coming out openly - people who had previously kept their sexual orientation resolutely private.

ICC T20I rankings: Lokesh Rahul moves to third position
This is Pakistan's ninth successive T20 series win and has helped the team retain their top position in the T20 ranking. England, who now occupy the fourth spot are only three points ahead of West Indies, who are in seventh.

ASG Mehta said that if the right to chose sexual partner is declared a fundamental right, then somebody may come up and say that he or she wanted to marry a sibling, which would be contrary to the laws governing to marriages. "The question here is whether Section 377 is ultra vires (beyond one's legal power) or not".

I respectfully submit that I am filing this Affidavit to respectfully place on record the stand of the Union of India with regard to the subject matter of the present petitions. "Those are individual issues we can not pre-judge now", said the bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, while outlining the broad issues which would be open for arguments.

The campaign for decriminalising gay sex also been bolstered by a supreme court ruling in August a year ago, which ruled that privacy, including a person's sexuality, was a fundamental right.

"Section 377 of the IPC criminalises a core part of a person's identity exclusively on account of his or her sexuality and thus violates Article 21 of the Constitution".

Teen Arrested in Iran Over Instagram Dancing Videos
Social media users have shared their own videos and messages of support for Miss Hojabri using the hashtag #dancing_isn't_a_crime. She was among the many Instagram users arrested by authorities for posting videos on the social media platform in recent weeks.

The arguments would resume on Wednesday.



Other News

Trending Now

Fans get Harry Kane and Harry Maguire tattoos
Defender Harry Maguire has gone from fringe player to a bona fide England hero during the World Cup . It was a match at the highest level played with undeniable quality .

England making amends at World Cup for Iceland flop, says Eric Dier
The Three Lions have performed admirably throughout the tournament, yet one Englishman seems to be the target of most vitriol. Meanwhile, ignoring all the abuses and taunts, Sterling has applauded the support of English fans in Russian Federation .

Where to score a selfie with Trump Baby in London
On Sunday he moves on to Helsinki to meet Russian President Vladimir Putin for long-awaited talks on neutral territory. London Mayor Sadiq Khan has granted permission for the blimp to fly above the square between 9.30am and 11.30am.

Britain to fine Facebook over data breach
It's also about half of what the Spanish data protection authorities past year extracted from to the firm for privacy failings. The next phase of the ICO's work is expected to be concluded by the end of October.

Sen. Casey Comes Out Against Trump Nominee Before Pick is Announced
All four federal judges have the endorsement of major Republican legal groups, most importantly the powerful Federalist Society. Although Trump said during the campaign he would appoint anti-abortion judges who would overturn Roe vs.

Eight Thai boys rescued from cave
Each boy is being accompanied by two divers and it takes hours to negotiate the flooded tunnels through the dark, murky water. On Sunday, teams of divers brought out four of the trapped boys but waited several hours before confirming their safe rescue.

Turkey sacks 18500 a day before Erdogan is sworn in
Mr Erdogan will be sworn in on Monday under a new executive presidency after his outright victory in the June 24 elections. About 1,052 people, including judicial candidates and civil servants were dismissed from the justice ministry.

India Yet To Take A Decision On Iran Oil Imports
Iran, OPEC's third-largest producer, is facing USA sanctions on its oil exports that are prompting some buyers to cut purchases. President Donald Trump's recent demands for higher oil output, saying OPEC does not shoulder the blame.

Thailand cave rescues resume
The rescue got off to a good start, with the first boy coming out at 5.40pm local time (11.40am United Kingdom time). But Thai authorities had already began there rescue efforts before the vessel was completed without Mr Musk's help.

Queen pays tribute to mark 100 years of Britain's Royal Air Force
In the months between Harry and Meghan's official engagement announcement and the royal wedding itself, it was her go-to style. A total of 17 royals flanked the Queen on the Buckingham Palace balcony for the RAF celebrations .