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 1,2024

Mangaluru: The Bengaluru-Mangaluru air route has recently surpassed the Mumbai route to become the busiest for Mangaluru International Airport.

According to the Directorate General of Civil Aviation’s city pairing data for March this year, 51,734 passengers travelled between Mangaluru and Bengaluru, while 50,340 passengers flew on the Mangaluru-Mumbai route.

In January and February, the Mumbai air route had the highest passenger flow with 60,306 and 52,732 passengers, respectively, compared to 53,509 and 47,530 for Bengaluru during the same months. However, the trend shifted in March, with the Bengaluru-Mangaluru route surpassing Mumbai.

An official from MIA explained, “The first reason for Bengaluru taking over Mumbai is that flights that almost fly full to Mumbai were reduced from March, after the ministry of civil aviation suggested easing air traffic congestion at Mumbai airport. The air carrier IndiGo, which used to operate four flights a day from MIA, reduced it to three. Air India Express, which operates two flights a day, has made no changes. As a result of this, Bengaluru has taken over Mumbai. A total seven flights operates per day to Bengaluru.” 

The official added that despite the reduction in flights, the Mumbai route still experiences high demand. DGCA data for 2023 shows that the Mumbai and Bengaluru sectors have experienced growth of 11.9% and 19.3%, respectively.

The Mangaluru-Mumbai sector has seen a total of 5,52,767 passengers, followed by Bengaluru with 5,52,500 passengers in the same calendar year.

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News Network
April 28,2024

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Campuses of several US Universities have been witnessing massive protests with the students seeking a ceasefire in Israel's war with Hamas. Police have arrested over 550 protesters and some universities are witnessing violent crackdown of protests by the ruthless cops. 

Law enforcement officials at the behest of college administrators have deployed tasers and tear gas against students protesters at Atlanta's Emory University, even though the protests have been largely peaceful, say activists and media personnel present at the spot.

Emil' Keme, professor of English and Indigenous studies, at the University said that the scene reminded him of the civil war in Guatemala as a teenager.

"Police immediately began to force people to move. I felt like I was in a war zone, with all the police and their weapons, the rubber bullets. We were pushed away," Mr Keme told the Guardian describing what happened as soon as cops entered the Emory campus.

“Police took the student next to me, pushed an older lady nearby and then pushed me.”

Student protesters say they are expressing solidarity with Palestinians in Gaza, where the confirmed death toll has topped 34,305, according to the Hamas-run territory's health ministry. They want universities to cut their investments in everything tied to Israel and weapons that fuel the war in Gaza. That means funds run by BlackRock, Google as well as Amazon's cloud service, Lockheed Martin and even Airbnb.

Video circulated widely on social media shows two women who identified themselves as professors being detained, with one of them slammed to the ground by one officer as a second officer then pushes her chest and face onto a concrete sidewalk.

Atlanta police and Georgia troopers are leading a joint operation within the campus to dismantle the tents and camps the activists have set up at the school's quadrangle. Within minutes of the authorities entering the campus, 28 people, 20 of whom were "Emory community members", had been arrested, the institute said in a statement.

The school president said that the videos of police clashing with the students "are shocking" and that he is "horrified horrified that members of our community had to experience and witness such interactions."

The university's response was likely the quickest show of police force in response to a divestment protest among the dozens nationwide that have occurred in recent weeks. It was also probably the only one where pepper balls, stun guns and rubber bullets were used.

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News Network
April 28,2024

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Bengaluru: JD(S) leader H D Kumaraswamy on Sunday said he would like to wait for the facts to come out of the investigation into an alleged sex scandal involving his nephew and Hassan MP Prajwal Revanna, but asserted that there is no question of forgiving anyone who has committed a crime as per law.

The former chief minister said he has nothing to do with Prajwal Revanna reportedly leaving the country, and it is the responsibility of the Special Investigation Team (SIT) to get him back if required.

The 33-year-old Prajwal Revanna is the son of former prime minister and JD(S) patriarch H D Deve Gowda's elder son H D Revanna, who is an MLA and former minister.

Some explicit video clips allegedly involving Prajwal Revanna had started making the rounds in Hassan in recent days.

Prajwal Revanna is the BJP-JD(S) alliance's candidate from Hassan, which went to polls on Friday.

Kumaraswamy said, "I have noticed that the chief minister has ordered an SIT probe. Whether it is me or Deve Gowda (his father), we have always conducted ourselves respectfully towards women and have responded positively when anyone came with any sufferings. We have tried to address them."

Speaking to reporters here, he said, "The Hassan related issue that started during elections, let the facts come out through a probe. Whoever it is, who has committed the mistake as per the law of the land...there is no question of forgiving anyone who has committed the mistake. So let the facts come out from the probe, after that I will react."

To a question on Prajwal Revanna going to a foreign country, Kumaraswamy said, "It is not related to me. SIT probe has been ordered, officials have been put to work. If he has gone to a foreign country, getting him back is their responsibility. What should I say, if I'm asked. They (SIT) will get him, don't worry."

Chief Minister Siddaramaiah announced the decision to constitute a SIT to probe the alleged sex scandal involving the MP.

Meanwhile, the police have information that Prajwal has left the country, according to a statement issued by the Chief Minister’s office.

"Prajwal Revanna’s explicit video clips are being circulated in Hassan and it appears prime facie that women were sexually assaulted,' the statement said, adding that the government decided to form an SIT based on a petition by the chief of the Karnataka State Commission for Women.

The Commission's chairperson Dr Nagalakshmi Chaudhary on Thursday wrote to Siddaramaiah and state police chief Alok Mohan, seeking a probe into the videos that are in circulation in Hassan.

Prajwal has through his election agent lodged a complaint with the authorities that the videos are "doctored" and being circulated to tarnish his image ahead of elections.

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