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
December 4,2025

indigocrisis.jpg

Angry outbursts, long queues, and desperate appeals filled airports across India today as IndiGo grappled with a severe operational breakdown. Hundreds of flights have been cancelled or delayed, leaving thousands of passengers stranded through the night and forcing many to spend long hours at helpdesks.

Social media was flooded with videos of fliers pleading for assistance, accusing the airline of misleading updates, and demanding accommodation after being stuck for 10 to 12 hours at airports such as Hyderabad and Bengaluru.

What Triggered the Meltdown?

IndiGo has attributed the widespread disruption to “a multitude of unforeseen operational challenges.” These include:

•    Minor technology glitches
•    Winter-season schedule adjustments
•    Bad weather
•    Congestion in the aviation network
•    New crew rostering rules (Flight Duty Time Limitations or FDTL)

Among these, the most disruptive has been the implementation of the updated FDTL norms introduced by the Directorate General of Civil Aviation (DGCA) in January 2024.

These rules were designed to reduce pilot fatigue and improve passenger safety. Key changes include:

•    Longer weekly rest periods for flight crew
•    A revised definition of “night,” extending it by an extra hour
•    Tighter caps on flight duty timing and night landings
•    Cutting night shifts for pilots and crew from six per roster cycle to just two

Once these norms became fully enforceable, airlines were required to overhaul rosters well in advance. For IndiGo, this triggered a sudden shortage of crew available for duty, leading to cascading delays and cancellations.

Why IndiGo Was Hit the Hardest

IndiGo is India’s largest airline by a wide margin, operating over 2,200 flights daily. That’s roughly double the number operated by Air India.

When an airline of this size experiences even a 10–20% disruption, it translates to 200–400 flights being delayed or grounded — producing massive spillover effects across the country.

IndiGo also relies heavily on high-frequency overnight operations, a model typical of low-cost carriers that aim to maximise aircraft utilisation and reduce downtime. The stricter FDTL norms clash with these overnight-heavy schedules, forcing the airline to pull back services.

Aviation bodies have also criticised IndiGo’s preparedness. The Airline Pilots' Association of India (ALPA) said airlines were given a two-year window to plan for the new rules but “started preparing rather late.” IndiGo, it said, failed to rebuild crew rosters 15 days in advance as required.

The Federation of Indian Pilots (FIP) went further, calling the crisis the result of IndiGo’s “prolonged and unorthodox lean manpower strategy,” and alleging that the airline adopted a hiring freeze even as it knew the new rules would require more careful staffing.

How Many Flights Are Affected?

In the past 48 hours, over 300 flights have been cancelled. At least 100 more are expected to be cancelled today.

City-wise impact:

•    Hyderabad: 33 expected cancellations; several fliers stranded overnight
•    Bengaluru: over 70 expected cancellations
•    Delhi, Mumbai, Chennai, Kolkata: widespread delays and missed connections

Passengers shared distressing accounts online.

One customer at Hyderabad airport said they waited from 6 PM to 9 AM with “no action taken” regarding their delayed Pune flight. Another said IndiGo repeatedly told them the crew was “arriving soon,” only for the delay to stretch over 12 hours.

IndiGo has apologised for the disruption and promised that operations will stabilise within 48 hours, adding that “calibrated adjustments” are being made to contain the chaos.

What Should Passengers Do Now?

For those flying in the next few days, especially with IndiGo, here are key precautions:

1. Keep Checking Flight Status
Monitor your flight closely before leaving for the airport, as delays may be announced last-minute.

2. Arrive Early
Expect long queues at counters and security due to crowding and rescheduling.

3. Carry Essentials
Pack snacks, water, basic medicines, chargers, and items for children or senior citizens. Extended waiting times should be anticipated.

4. Use Flexible Booking Options
If you booked tickets with a free-date-change or cancellation option, consider using them.
If you haven’t booked yet, prefer refundable or flexible fares, or even consider alternate airlines.

5. Follow IndiGo’s Updates
Keep an eye on IndiGo’s official social media channels and contact customer support for rebooking and refund queries.

What Needs to Change?

Pilot groups have raised concerns not just about staffing but also the planning practices behind it.
The Federation of Indian Pilots accused IndiGo of:

•    Imposing an unexplained hiring freeze despite knowing the FDTL changes were coming
•    Entering non-poaching agreements that limited talent movement
•    Keeping pilot pay frozen
•    Underestimating the need to restructure operations in advance

They have urged DGCA to approve seasonal schedules only after airlines prove they have adequate pilot strength under the new norms.

ALPA also warned that some airlines might be using the delays as an “immature pressure tactic” to push DGCA for relaxations in the new rules — which, if granted, could compromise the very safety standards the norms were meant to protect.

Both pilot bodies stressed that no exemption should dilute safety, and any deviations should be based solely on scientific risk assessment.

Is a Solution in Sight?

While IndiGo says normalcy will return within two days, aviation experts believe that fully stabilising operations could take longer, depending on how quickly the airline can:
•    Re-align rosters
•    Mobilise rested crew
•    Boost staffing
•    Adjust its winter schedule to match regulatory requirements
Passengers are advised to remain prepared for continued delays over the next few days as the airline works through its backlog. 

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News Network
December 15,2025

Mangaluru, Dec 15: Air India Express has announced that it will resume direct flight services between Mangaluru and Muscat from March 2026, restoring an important international air link for passengers from the coastal region.

Airport authorities said the service will operate twice a week—on Sundays and Tuesdays—from March 1. The initial flights are scheduled on March 3, 8 and 10, followed by March 15 and 17, with the same operating pattern to continue thereafter. The flight duration is approximately three hours and 25 minutes.

The Mangaluru–Muscat route was earlier operated under the 2025 summer schedule, with services beginning on July 14. At that time, Air India Express had operated four flights a week before suspending the service.

Officials said the summer schedule will come into effect from March 29, after which changes in flight timings and departure schedules from Mangaluru are expected. Passengers have been advised to check the latest schedules while planning their travel.

The resumption of direct flights to Muscat is expected to significantly benefit expatriates, business travellers and others, further strengthening Mangaluru’s air connectivity with the Gulf region.

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News Network
December 6,2025

pilot.jpg

New Delhi: IndiGo, India’s largest airline, faced major operational turbulence this week after failing to prepare for new pilot-fatigue regulations issued by the Directorate General of Civil Aviation (DGCA). The stricter rules—designed to improve flight safety—took effect in phases through 2024, with the latest implementation on November 1. IndiGo has acknowledged that inadequate roster planning led to widespread cancellations and delays.

Below are the key DGCA rules that affected IndiGo’s operations:

1. Longer Mandatory Weekly Rest

Weekly rest for pilots has been increased from 36 hours to 48 hours.

The government says the extended break is essential to curb cumulative fatigue. This rule remains in force despite the current crisis.

2. Cap on Night Landings

Pilots can now perform only two night landings per week—a steep reduction from the earlier limit of six.

Night hours, defined as midnight to early morning, are considered the least alert period for pilots.

Given the disruptions, this rule has been temporarily relaxed for IndiGo until February 10.

3. Reduced Maximum Night Flight Duty

Flight duty that stretches into the night is now capped at 10 hours.

This measure has also been kept on hold for IndiGo until February 10 to stabilize operations.

4. Weekly Rest Cannot Be Replaced With Personal Leave

Airlines can no longer count a pilot’s personal leave as part of the mandatory 48-hour rest.

Pilots say this closes a loophole that previously reduced actual rest time.

Currently, all airlines are exempt from this rule to normalise travel.

5. Mandatory Fatigue Monitoring

Airlines must submit quarterly fatigue reports along with corrective actions to DGCA.

This system aims to create a transparent fatigue-tracking framework across the industry.

The DGCA has stressed that these rules were crafted to strengthen flight safety and align India with global fatigue-management standards. The temporary relaxations are expected to remain until February 2025, giving IndiGo time to stabilise its schedules and restore normal air travel.

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