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.

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News Network
May 12,2024

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Mangaluru: Dakshina Kannada Zilla Panchayat High School in Harekala, popularly known as Padma Shri awardee Harekala Hajabba’s school, is gearing up to inaugurate its first batch of Pre-University (PU) courses starting June 1. 

The government issued an order to elevate the school established by Padma Shri awardee Harekala Hajabba to the status of a PU College a few months ago.

The School Education and Literacy Department (PU Education) has formally sanctioned the upgrade for the school.

CD Jayanna, the deputy director of PU Education, confirmed that all necessary approvals have been obtained from the government to initiate PU classes.

“Hajabba’s school will kick off PU classes for its inaugural batch on June 1. We have appointed a senior lecturer as the interim principal for the PU college. Presently, the school possesses the essential temporary infrastructure to begin the I PU batch. Plans are underway to enhance the infrastructure for the PU college in the future. Currently, the school boasts adequate classrooms and facilities to commence PU classes,” stated Jayanna.

Harekala Hajabba, an orange vendor, personally erected the school in his native village, New Padpu in Harekala, situated approximately 35 km from Mangaluru. For several years, he has tirelessly petitioned the government for the establishment of a PU college.

Expressing his gratitude, Hajabba mentioned that 19 students who recently completed their SSLC examinations are poised to enroll in the new PU college. He added, “We anticipate enrollment from neighboring villages as well. Both the interim principal and the PU education department have been diligently orchestrating the necessary arrangements to initiate classes.” 

He extended his appreciation to the government, local representatives, and officials for their unwavering support.

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News Network
May 14,2024

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Jerusalem: Israel and India will continue to deepen their bilateral ties and lead to greater prosperity, Foreign Minister Israel Katz said on Tuesday.

Katz was responding to India’s External Affairs Minister S Jaishankar’s message on the occasion of Israel’s 76th Independence Day.

“Thank you for the warm wishes, FM @DrSJaishankar. In celebration of our Independence Day, Israel and India will continue to deepen our ties and lead to greater prosperity,” Katz said in a post on X.

Earlier in the morning, Jaishankar posted on X a 2:03-minute video showcasing the India-Israel relationship through photos of various bilateral meetings between Prime Minister Narendra Modi, himself, and other Indian ministers with Israel Prime Minister Benjamin Netanyahu and other ministers.

“Congratulate FM @Israel_katz and the people of Israel on the occasion of the 76th anniversary of Israel’s Independence. Mazel Tov!,” Jaishankar posted along with the video and repeated the same message in another post in Hebrew.

Meanwhile, President Droupadi Murmu wished her Israeli counterpart Isaac Herzog as she said on X, “I join the people of India in conveying our best wishes to President @Isaac_Herzog, and the people of Israel on the 76th anniversary of Israel’s independence.”

Lok Sabha speaker Om Birla too took to X to post his greetings to his counterpart Amir Ohana, the Speaker of The Knesset: “On the occasion of Israel’s 76th anniversary of independence, I congratulate Speaker of the Knesset @AmirOhana and the people of Israel.”

Both Murmu and Birla also included greetings in Hebrew.

“Thank you, my dear friend @ombirlakota. May the friendship between our nations grow stronger,” Ohana replied to Birla and also added a line in Devnagari script in Hindi, loosely translated as, “Thank you my dear friend Om Birla. May the friendship between our countries be stronger.”

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News Network
May 18,2024

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Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar and other state ministers on Saturday rubbished allegations about their role in the circulation of pen drives containing explicit videos involving Hassan MP Prajwal Revanna.

BJP leader and advocate G Devaraje Gowda, who is in custody after being arrested in a sexual abuse case and is also facing charges of video leak, on Friday alleged that Shivakumar and four other ministers are behind the circulation of the pen drives and was being fixed in false cases as he did not agree to be part of their plan.

He has even alleged that he was offered Rs 100 crore by Shivakumar to "bring a bad name" to the BJP and Prime Minister Narendra Modi, and to tarnish the image of JD(S) leader H D Kumaraswamy in Prajwal Revanna's obscene video case.

Speaking to reporters here, Shivakumar said, "Better, let him (Gowda) file a case before Lokayukta or any other agency. I think he has some problems mentally. I'm very sorry, the national and state media shouldn't have picked up such baseless allegations. A person who is in jail, how can he make such allegations? All these are baseless. I don't want to comment." 

Asked if he will be filing any defamation case against Gowda, he said, "I don't want to make any comment or speak on a person who is mentally sick. I appeal to his party people to get him a good treatment." Shivakumar also asserted that his government's commitment to get justice for women victims of the sexual abuse case, and expressed confidence about the Special Investigation Team's (SIT) ongoing probe.

While being taken from court in Hassan, Gowda on Friday spoke to media and alleged that Shivakumar is behind pen drive case, and a team of four Ministers -- N Chaluvarayaswamy, Krishna Byre Gowda, Priyank Kharge and another minister -- was formed to handle this, with an intention to bring bad name to BJP, PM Modi and Kumaraswamy.

He said Shivakumar had asked him to say that Kumaraswamy is behind the distribution of pen drives, but as he did not agree to it, he is being fixed in false cases.

Minister Priyank Kharge said Gowda has alleged that three responsible ministers in the state government were part of a team and that there was a conspiracy. "We will discuss whatever legal course, we will take it." 

"Devaraje Gowda might be doing this to defame Shivakumar and Siddaramaiah. If he had a Rs 100 crore offer, he should have told Amit Shah (Union Home Minister) and get it investigated. He could have got CBI, ED, or IT raids done. Why didn't he do it? Claims have been made that he (Gowda) was sent Rs 5 crore as advance at a club, let them get CCTV footage and see who were all there," Kharge said.

While speaking to reporters here, he further said Gowda is a lawyer. When he was deposed before the Judge he should have told about the documents he has and should have presented to the court.

Minister Chaluvarayaswamy said allegations about the role of Shivakumar and a team of ministers being formed to oversee the circulation of pen drives are 'baseless', and he questioned Gowda's morality to make such accusations.

"If Gowda proves that Chaluvarayaswamy, Priyank Kharge and Krishna Byre Gowda had held a meeting on this case and we as a team were given responsibility and we were involved in this case, I will apologise," he said and alleged that Gowda was being used to mislead and deviate from the main case of sexual abuse.

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