[New Delhi] Top 5 Judges Discriminates Colonial Section 377
A five-judge Constitution bench of the Supreme Court Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.
A five-judge Constitution bench headed by
Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised
Justices R F Nariman,
A M Khanwilkar,
D Y Chandrachud and
struck down Section 377 as being violative of right to equality.
The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
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.
The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.
The issue was first raised by the NGO, Naaz Foundation, which approached the Delhi High Court in 2001. The Delhi High Curt had in 2009 decriminalised sex between consenting adults of the same gender by holding the penal provision as “illegal”.
This high court judgement was overturned in 2013 by the apex court which also dismissed the review plea against which the curative petitions were filed which are pending.
The writ petitions were opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals, including Suresh Kumar Kaushal.
Tag: Supreme Court
[New Delhi] Top 5 Judges Discriminates Colonial Section 377
[New Delhi]Top Court Lists PIL Against RAFALE Deal
The Supreme Court on Wednesday agreed to hear next week a PIL seeking stay on the Rafale fighter jet deal between India with France.
A bench comprising
Chief Justice Dipak Misra and
Justices A M Khanwilkar and
D Y Chandrachud
considered the submissions of advocate M L Sharma that his plea be listed for urgent hearing.
In his PIL, Sharma alleged discrepancies in the fighter jet deal with France and sought stay on it.
[New Delhi]Top Justice Misra Recommends Justice Gogoi as Next Chief
Chief Justice of India (CJI) Dipak Misra Tuesday sent a letter to the Central government recommending Justice Ranjan Gogoi as his successor.
Justice Gogoi will be sworn in as the next CJI on October 3.
The CJI has written to the Ministry of Law and Justice endorsing and recommending the name of Justice Gogoi, senior-most judge, as the next CJI.
[New Delhi]Top Court Refuses to Quash Appointments Of CVC
The Supreme Court today dismissed a plea challenging the appointment of Central Vigilance Commissioner (CVC) K V Chaudhary and Vigilance Commissioner (VC) T M Bhasin.
The court was hearing a plea challenging the appointment of incumbent CVC Chaudhary and VC Bhasin.
The plea alleged that they did not have a “clean record” and a non-transparent procedure was followed while appointing them.
[New Delhi]The Rajinikanth Gets His Movie ‘Kaala’ Cleared From SC
The Supreme Court today refused to stall the release of Rajinikanth-starrer ‘Kaala’ which is scheduled to hit theatres tomorrow.
A vacation bench comprising Justices A K Goel and Ashok Bhushan refused to entertain a plea by K S Rajashekaran, who sought an injunction against release of the movie.
“You want an injunction against the release of the movie. Everybody is waiting for the film to be released,” the bench told the counsel appearing for the petitioner.
The petitioner has approached the apex court against the May 16 order of the Madras High Court which has posted his plea against the release of the movie for hearing on June 16.
The petitioner has claimed that his copyright-protected work related to story scenes and songs were used by the producer of the movie without prior permission.
[New Delhi]SC Orders Litmus Test In Karnataka Assembly Tomorrow
The Supreme Court today ordered that a floor test be held in the Karnataka Assembly at 4 pm tomorrow to ascertain whether newly appointed BJP Chief Minister B S Yeddyurappa enjoys majority in the state.
“Let the House decide and the best course would be floor test,” a three judge bench headed by Justice A K Sikri said.
Senior advocate Mukul Rohatgi, appearing for the Chief Minister, had sought reasonable time till Monday for the floor test but the bench, also comprising Justices S A Bobde and Ashok Bhushan, ordered it for tomorrow.
[New Delhi]Top Court Dismisses Petition Against Pension Benefits To Ex MPs
The Supreme Court today dismissed a PIL challenging the perks, including pension and travel allowances, given to former Parliamentarians.
A bench of Justice J Chelameswar and Sanjay Kishan Kaul said, “The petition is dismissed”.
The Centre had on March 7 told the apex court that the entitlement of former Members of Parliament (MPs) to get pension and other benefits was “justified” as their dignity has to be maintained even after they complete their tenure as parliamentarians.
The Centre had told the bench about the Finance Bill 2018 which contains provisions regarding salary and pension of MPs and also about revision of their allowances after every five years starting from April 1, 2023, on the basis of cost inflation index.
The apex court had in February directed the Centre to clarify its stand on setting up of an independent mechanism for determination of salaries and allowances of MPs after the government had said the issue was “under consideration”.
.An NGO ‘Lok Prahari’ has approached the apex court challenging the Allahabad High Court order dismissing its plea which had claimed that pension and other perks being given to MPs even after demitting office were contrary to Article 14 (Right to Equality) of the Constitution.
The plea has also said that Parliament has no power to provide for pensionary benefits to lawmakers without making any law.
[New Delhi] Justice J S Khehar to be the 44th Chief Justice of India
Justice Jagdish Singh Khehar, who led the five-judge constitution bench in the Supreme Court which had struck down the controversial NJAC Act for appointment of judges, was today recommended as the 44th Chief Justice of India.
Chief Justice of India T S Thakur today wrote a letter recommending the name of Justice Khehar, who is the senior most judge of the Supreme Court to be his successor.
Justice Khehar, 64, will be the first Chief Justice from the Sikh community and he will succeed CJI Thakur who will be demitting office on January 3, 2017.
Justice Khehar, who will be sworn in on January 4, will hold the tenure for over seven months till August 27, 2017.
Besides heading the bench in NJAC matter, Justice Khehar has also headed a bench which had set aside the imposition of President’s Rule in Arunachal Pradesh in January this year.
He was also a part of the bench which sent Sahara chief Subrata Roy to jail while hearing the matter relating to the refund of money invested by people in his two companies.
Justice Khehar also headed a bench which recently gave a significant verdict holding that the principal of ‘equal pay for equal work’ has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars.
While the turf war between the judiciary and the executive over the appointment of judges for higher judiciary has intensified, Justice Khehar on the occasion of Constitution Day on November 26 had responded to the tirade from Attorney General Mukul Rohatgi by saying that the judiciary was working within its “lakshmanrekha”.
[New Delhi,]SC Refuses to Stay Demonetisation Notification
Supreme Court today refused to stay the government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to spell out the steps taken to minimise public inconvenience.
Bench Of Chief Justice T S Thakur and D Y Chandrachud said.”We will not be granting any stay,”
The remarks were made after some advocates insisted on a stay.
Senior advocate Kapil Sibal, appearing for one of the petitioners, however, said he was not asking for a stay on the notification but seeking answers from the government about the steps taken to remove public inconvenience.
The bench asked Attorney General Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the RBI to minimise public inconvenience and also the steps likely to be undertaken in future.
Without issuing any notice to the Centre or the RBI, the bench posted the matter for further hearing on November 25