Discrimination against gays will go if criminality of section 377 is removed: SC

Agencies
July 12, 2018

New Delhi, Jul 12: The Supreme Court today said the social stigma and discrimination attached to the LGBTQ community would go if criminality of consensual gay sex is done away with, while maintaining that it would scrutinise the legal validity of section 377 of the IPC in all its aspects.

A five-judge bench headed by Chief Justice Dipak Misra, hearing a clutch of petitions challeging the constitutional validity of the 158-year-old penal law, also rejected a proposal of lawyers, seeking retention of section 377, that public opinion should be elicited on the matter, saying it did not want a referendum but would go by constitutional morality.

The bench took note of the vehement opposition of these lawyers and their allegation that the Centre has taken a "U-turn" in the case.

"On the mere concession of the Centre, we will not say that the section is ultra-vires. We will have to analyse every aspect. We will do a detailed analysis of Section 377 and its constitutional validity," the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

"We will try to see whether section 377 of the IPC can stand the test of fundamental rights enshrined under Articles 14 (right to equality), 19 (freedom of speech and association) and 21 (right to life and liberty) of the Constitution," the bench said. 

It also objected to the submission of lawyer Manoj George that the Centre has made a U-turn on its stand and said that several verdicts including the one on right to privacy have come in the meanwhile and it would not be appropriate to call it a "U-turn".

The court observed that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community which has also adversely impacted their mental health.

The bench asked lawyer Maneka Guruswamy, who was appearing for a petitioner, whether there was any law, rule, regulation, bye-law or guideline which barred or restrained homosexuals from availing any right which are available to others.

"There are no such provisions," she said.

The bench then said the LGBTQ (lesbian, gay, bisexual, transgender and queer) community faced the stigma because of the criminality attached to consensual same-sex relationship.

"Once the criminality (under section 377) goes, then everything will go (social stigma, discrimination etc)," it said.

"Over the years, we have created an environment in the Indian society which has led to deep-rooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also," the bench said on the third day of crucial hearing to decide the constitutional validity of Section 377 of the IPC.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. 

Referring to the provision of the Mental Health Care Act, the bench said "it also recognises the fact that such persons cannot be discriminated against on the ground of sexual orientation".

The observations came when senior advocate C U Singh, appearing for one of the intervenors, said mere striking down of section 377 will not serve the purpose as the LGBTQ community were being discriminated against on various counts.

"This community feels inhibited as they do not even get proper medical care because of the prejudice," Justice Malhotra said, adding even medical professionals do not maintain confidentiality.

The advancing of arguments remained inconclusive and would resume July 17. 

Yesterday, the government had left it to the apex court to test the constitutional validity of section 377, urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.

Taking note of the Centre's submission that other issues like gay marriages, adoption and ancillary civil rights of LGBTQ community should not be dealt, the court said it was not considering all these issues.

The bench had said it would test the validity of the law in relation to the consensual sexual acts of two adults and if it decides to strike down the penal provision then it would remove "ancillary disqualification" of LGBTQ community members which can join services, contest elections and form associations.

Lawyer Guruswamy had yesterday referred to reports of Indian and American psychiatric bodies and said homosexuality was a normal sexual orientation.

Terming the law as a "terrible colonial legacy", she had said it violated Articles 15 (discrimination on sex), 14 (equality), 19 (liberty) and 21 of the Constitution and has a "chilling effect" on the sexual minority.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 30,2024

israel.jpg

Itamar Ben Gvir, a notorious far-right Israeli minister, has suggested that some Palestinians could be “killed” instead of being kidnapped during the savage war in Gaza.
 
The minister made remarks during an Israeli war cabinet meeting where he questioned the necessity of the detention of a large number of Palestinians.

“Why are there so many arrests? “Can’t you kill some? Do you want to tell me they all surrender? What are we to do with so many arrested? It’s dangerous for the soldiers.” Ben-Gvir was quoted as asking the Israeli military's chief of staff Herzi Halevi.

The minister also reportedly demanded that the army shoot Palestinian women and children in the besieged Palestinian territory to “protect” the Israeli forces.

Halevi briefed ministers who attended the cabinet meeting on the military campaign in Gaza and highlighted that hundreds of Palestinians had surrendered to the occupying forces.

Ben Gvir recently also called for the execution of Palestinian prisoners to ease overcrowding in the jails. The minister said that applying the death penalty to Palestinian detainees was the “right” solution to tackle the problem of prison overcrowding.

Israel soldiers have abducted more than 5,000 of Palestinians during their ongoing military campaign in Gaza.

The Gaza media office has said that Palestinian prisoners were undergoing "the worst kinds of torture" in Israeli jails.

Palestinian rights group Addameer earlier this month said Israel was holding 9,500 Palestinian political prisoners, not including those taken from the Gaza Strip.

Israel has arrested thousands of Palestinians since 7 October. Those detained, often without charge, describe regular beatings and a solitary daily meal designed simply to keep them alive.

Palestinians taken prisoner or hostage from both the West Bank and Gaza have given testimonies detailing horrific and sadistic abuse and torture by their Israeli jailers including beatings, verbal abuse, sexual abuse and rape, breaking of limbs, burns, being stripped naked, and forced drug taking.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 30,2024

Gazarubble.jpg

Gaza civil defense agency has warned of a looming health disaster in the besieged Strip as the decomposition of dead bodies under the rubble of buildings destroyed by the relentless Israeli bombings accelerates.

The agency pointed on Tuesday to the risk of diseases and epidemics associated with the public decomposition of thousands of bodies due to rising temperature.

“The continued accumulation of thousands of bodies under the rubble has begun to cause the spread of disease and epidemics, especially with the onset of summer and the rise in temperatures, which accelerates the process of decomposition,” it said in a statement.

Seven months into the war, the Geneva-based Euro-Mediterranean Human Rights Monitor warned earlier that the decomposition of dead bodies for long periods leads to the transmission of serious diseases, including blood-borne viruses and tuberculosis.

"Gastrointestinal infections like cholera can also be easily spread through direct contact with dead bodies leaking excrement, soiled clothing, or contaminated tools or vehicles," it added.

In another report last week, Euro-Med Monitor also warned that thousands of corpses left in the streets or beneath house debris are rotting and being consumed by cats and dogs, which is an additional factor contributing to the spread of infectious diseases.

"The spread threatens the environment and public health in the Strip, and health authorities in the Strip have detected about one million cases of infectious diseases," the report added.

The Global Nutrition Group also estimates that at least 90 percent of the Gaza Strip’s children under the age of five are affected by one or more infectious diseases and that 70 percent have had diarrhea in the past two weeks—a 23-fold increase compared with the 2022 baseline.

Unexpected blistering temperatures across Gaza have also added to the daily misery faced by the enclave’s people and sparked new fears of disease outbreaks amid a lack of sufficient clean water and waste disposal, the UN Relief and Works Agency for Palestine Refugees in the Near East, also known as UNRWA said on Thursday.

This comes as the death toll from Israel's genocidal campaign against Gaza rose to 34,535. Among the dead are more than 14,500 children and 9,500 women.

Since the war began on October 7, nearly 85 percent of Gaza's 2.3 million people have been displaced.

Vast swathes of the besieged territory are in ruins as Israel continues its onslaught, dropping at least 75,000 tons of explosives on Gaza, according to the Gaza Media Office.

Earlier this month, UNRWA, said 62 percent of all houses in the besieged territory have been damaged or destroyed.

Gaza Media Office recently reported that nearly 90,000 housing units have been destroyed while nearly 300,000 units have been damaged by the Israeli air and ground offensive.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported on Monday that nearly 37.5 million tons of conflict-generated debris are estimated to be present throughout Gaza, based on assessments by UN bodies.

The world’s hunger watchdog, known as the Integrated Food-Security Phase Classification (IPC), said in a report published on March 18 that about 1.1 million Palestinians in Gaza are living through catastrophic food insecurity, warning that famine is likely to strike by May in northern Gaza and can spread across the territory by July.

Francesca Albanese, the UN special rapporteur on the occupied Palestinian territory, said in a report published in late March that there were clear indications that Israel has violated three of the five acts listed under the UN Genocide Convention.

These acts Albanese said were “killing members of the group; causing serious bodily or mental harm to the group’s members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 4,2024

Mangaluru: Dakshina Kannada Deputy Commissioner (DC) Mullai Muhilan MP said that election for the South West Teachers and Graduates constituencies will be held on June 3.

The notification for the same will be issued on May 9. The last date for filing nominations is May 16. The nominations must be submitted to Regional Commissioner in Mysuru and the last date for withdrawal of nomination is May 17.

The counting of votes will be held on June 6.

As of December 30, 2023 there are 6753 voters in DK district in the South West Teachers Constituency out of which 4520 are women. On the other hand, there are 16,869 graduate voters in the district for the South West graduates constituency.

The voters can submit their application for enrollment in electoral list of the South West Teachers and graduates constituency till May 6. The applications can be submitted at Mangaluru City Corporation or all the taluk offices.

Bulk applications can be submitted by Bar Association, Doctors association, Chartered Accountants Association, registered engineers association for the graduates constituency.

Those who are graduates prior to November 11, 2020 can enroll for voters list in the graduates constituency  by submitting Form 18 along with photo copy of marks card, Aadhaar card, voters' identity card and residential address.

For getting oneself enrolled in the teachers constituency voters, an individual should be teaching for minimum three years prior to November 1, 2023 in high school or higher educational institutions.

For the teachers constituency, educational institutions can submit applications in bulk. If wrong details are furnished in these applications, then they will be punishable under Section 31 of Representation of People Act, warned the DC.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.