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Deep-rooted trauma forces LGBT community to live in fear: SC on Section 377

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NEW DELHI: The Supreme Court while hearing a clutch of petitions on the constitutional validity of Section 377, observed that there is a deep-rooted trauma involved in the society, which forces the LGBT (lesbian, gay, bisexual, and transgender) community to be in fear.
The bench, headed by Chief Justice Dipak Misra and comprising of Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, also observed that it is because of the family and societal pressures that members of the LGBT community are forced to marry the opposite sex which leads to bi-sexuality and mental trauma. It added that that the LGBT community feels inhibited to go for medical aid due to prejudices involved against them.
“It is not human beings alone who indulge in homosexual acts, many animals also show homosexual behaviour; It is not an aberration but a variation,” Justice Indu Malhotra said in court.
Justice DY Chandrachud referred to Section 21a of Mental Healthcare Act which expressly prohibits discrimination on the ground of sexual orientation. “So Parliament itself now recognises them”, Justice Chandrachud said.
The Centre had on Wednesday said that it will leave it to the wisdom of the court to decide on the constitutional validity of Section 377 on the issue of criminalising unnatural intercourse between two consenting adults. “We leave to the wisdom of the Court to deal with the validity of Section 377 so far as it relates to consensual sexual acts between two adults,” Additional Solicitor General Tushar Mehta, representing the Centre had said.
The SC had said the right to sexual orientation is not a fundamental right but indicated that the right to choose a sexual partner is a fundamental right.
The Centre during the hearing said that it has no objection with the court dealing with the validity of this penal provision.
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 had in 2013 restored sexual relationship between persons of the same sex as a criminal offence by setting aside the 2009 Delhi High Court judgement that had held as unconstitutional section 377 of the IPC, which makes such actions between two consenting adults of same sex as a penal offence.


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National

A big country needs a strong leader like me to rule it: Modi

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Solapur: Attacking Congress and Opposition, Prime Minister Narendra Modi on Wednesday said that he is being targeted because he is from backward community.

“The Congress and its allies say that all Modis in the society are thieves. The Congress and its allies have not kept any shortcomings in abusing of my backward caste. This time they have crossed the limits and abused the entire backward society,” Modi said.

“I have a question. Why all the thieves have Modi in their names whether be it Nirav Modi, Lalit Modi and Narendra Modi? We don’t know how many more such Modis will come out,” Gandhi had said recently.

 

PM Modi said that he was used to such bashing. “Now, they are blaming the entire community while defaming me. If you dare to defame a community, I will not tolerate it,” he said.

He asked why label the entrie backward community thieves by calling him one.

Addressing a poll rally in Maharashtra’s Madha, Modi slammed the “dynastic politics” of Sharad Pawar and claimed the NCP chief had “fled” the poll arena from Madha Lok Sabha constituency as he sensed defeat.

Modi said to run such a big country, we need a strong leader.

Slamming Gandhi, Modi said, “The ‘naamdar’ (dynast) first tried ‘chowkidar chor hai’ (slogan). Now they are trying to defame a backward community (Modi community). Being from a backward community, I am used to the suffering.”

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PM Modi most anti-national, dividing nation: Rahul

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New Delhi: Congress President Rahul Gandhi slammed Prime Minister Narendra Modi for being the “most anti-national” and accused him of “dividing the nation”.

Reacting to Modi’s allegation of the Congress turning anti-national, Gandhi said his grand old party has an exceptional track record of fighting forces that attack the nation.

“Thousands of Congress workers have laid down their lives, fighting such forces. Today the most anti-national act is the act of Modi who is dividing the nation,” said Gandhi as he kicked off his day-long campaign here in Kerala.

 

“Crippling the agricultural system, leading to farmers suicide is another anti-national act of Modi. Youths loosing their jobs is also another anti-national act. Modi has failed in all these and it’s time that he answers,” he told the media at a presser here.

Gandhi said the three key issues ruling the 2019 Lok Sabha polls are destruction of the Indian economy, personal corruption of Modi and the plight of the farmers.

“We are looking forward to forming the next government,” said Gandhi as he was about to leave, when a few questions were hurled at him.

The Congress leader, taking them returned to his seat sporting a smile, and said: “How come the Prime Minister does not have the guts to face the Kerala, Odisha or the Delhi media?”

From Kannur, Gandhi will make a whirlwind visit to five assembly constituencies in the Wayanad Lok Sabha constituency, from where he is contesting the polls.

He is also fighting from his traditional Amethi Lok Sabha seat.

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Country will see Priyanka the way it views ‘chor ki biwi’: Uma

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Durg: Union Minister Uma Bharti on Tuesday courted controversy by saying the country will see Priyanka Gandhi Vadra the way it views a “thief’s wife”, while claiming that the Congress general secretary will have no impact on the outcome of Lok Sabha polls in Uttar Pradesh.

To a question on whether Priyanka Gandhi will contest the general elections from Varanasi, from where Prime Minister Narendra Modi is seeking re-election, Bharti said, “It is a democracy, anybody can fight election from anywhere”.

When asked to comment on the impact the Congress leader could have on the poll outcome, the firebrand BJP leader told reporters in Chhattisgarh’s Durg, “Nothing. Why will she have an impact… Whose husband is facing theft charges. She will be seen the way India sees a thief’s wife.” Bharti also targeted Congress chief Rahul Gandhi, saying by choosing to contest elections from Amethi and Wayanad, he has accepted defeat. He is the national president of his party and can fight as many elections as he wants, the BJP leader said.

 

She also slammed Samajwadi Party leader Azam Khan for his derogatory remarks against BJP leader Jaya Prada and sought that he be barred from contesting the election.

Bharti said the EC’s decision to award equal punishment to Khan and Uttar Pradesh Chief Minister Yogi Adityanath was an “injustice” to the latter. He (Adityanath) took the name of God and did not insult any woman, she said, adding Khan should be slapped with all provisions of IPC related to insulting women.

The Election Commission on Monday imposed a nationwide campaign ban on Adityanath for 72 hours for his “provocative” communal remarks, which it said had the “propensity to polarise the elections”. A three-day campaign ban has also been imposed on Khan for his alleged “khaki underwear” jibe against actor-turned-politician Jaya Prada, who is his rival BJP candidate in Rampur Lok Sabha seat. The all-India ban came into force from 6 am Tuesday.

Bharti on Tuesday campaigned for BJP’s candidate in Durg Lok Sabha constituency which goes to polls in the third phase on April 23.

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