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SC to reconsider ‘constitutional validity’ of criminalising homosexuality

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New Delhi: The Supreme Court will revisit its 2013 verdict that criminalised homosexuality in India. The court on Monday referred the subject to a larger bench.

A three-judge bench of the Supreme Court, headed by Chief Justice of India, on Monday said it would reconsider and examine the constitutional validity of section 377.

The apex court also issued notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of police because of their natural sexual preferences.

 

A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said the issue arising out of section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC 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 ten years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by one Navtej Singh Johar seeking to declare section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex.

Senior advocate Arvind Datar, appearing for Johar, said the penal provision was unconstitutional as it also provided prosecution and sentencing of consenting adults who are indulging in such sex.

“You can’t put in jail two adults who are involved in consenting unnatural sex,” Datar said and referred to a recent nine-judge bench judgement in the privacy matter to highlight the point that the right to choose a sexual partner was part of fundamental right.

He also referred to the 2009 Delhi High Court judgement delivered on a plea of NGO ‘Naz Foundation’ in which the provision was held unconstitutional.

Subsequently, the apex court in 2014 had set aside the high court judgement and termed the provision as constitutional.

After the dismissal of the review plea against the 2014 judgement, a curative plea was filed which was referred to a larger bench.

The fresh plea of Johar and others will now also be heard by the larger bench.


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85 pc loot during Congress regime plugged:PM Modi

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Varanasi: Prime Minister Narendra Modi on Tuesday described NRIs as India’s brand ambassadors and said they were the symbols of the country’s capabilities.

The Prime Minister was inaugurating the 15th Pravasi Bharatiya Diwas convention in his parliamentary constituency Varanasi. “I consider NRIs India’s brand ambassadors.

They are the symbols of our capacities and capabilities,” he told the gathering.

 

“People of Indian origin are in leadership roles in countries such as Mauritius, Portugal and Ireland,” he said.

PM Modi also alluded to former prime minister Rajiv Gandhi’s comment that only 15 paise of Re 1 reaches masses and said the Congress government had done nothing to stop the leakage.

The Prime Minister added that his government had stepped in to rectify the situation. The “85 per cent loot” taking place during the Congress regime had been plugged “100 per cent” through technology, he said.

“We have given about Rs 5,80,000 crore to people, transferred to their bank accounts through various schemes. Imagine, if the country was being run on the older system? Then Rs 4,50,000 crore would have vanished,” PM Modi said.

Continuing his attack on the Congress, he said efforts to stop the “leakage” could have been made earlier as well but there was no intention and will power. “Our government is moving towards ensuring that the aid given by government is directly transferred to beneficiary accounts through direct benefit schemes,” he said.

Mauritian Premier Pravind Jugnauth, who is the chief guest for the three-day event, also spoke on the occasion. He hailed the Prime Minister for India’s transformation through initiatives such as the Skill India and the Beti Bachao Beti Padhao schemes. He also praised PM Modi’s global stewardship in promoting clean energy and for setting up the International Solar Alliance.

Jugnauth announced that his country will hold a Bhagwad Gita Mahotsav next month and a Bhojpuri Festival next year.

For the first time, the three-day convention is being organised from January 21 to 23 instead of January 9 to allow participants to visit the Kumbh Mela in Allahabad and attend the Republic Day parade in the national capital.

The theme of this year’s convention is ‘Role of Indian diaspora in building new India’.

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‘Madrasas promote ISIS ideology, shut them’: UP Shia board chief to PM Modi

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New Delhi: Uttar Pradesh Shia Waqf Board chief Waseem Rizvi on Tuesday said that madrasas promote ISIS ideology.

Rizvi has written to Prime Minister Narendra Modi to shut Islamic seminaries across India so that Muslim children are not influenced by it.

“If madrasas across the country are not shut down soon then after 15 years half of the Muslims will start favouring the ISIS ideology. It has been observed across the world that ISIS is targeting children and asking them to follow them,” Rizvi wrote in the letter.

 

The UP Shia Board chief added that Muslim children should study with students of other religions in schools so that they are able to get better education.

The comments are likely to irk several Islamic clerics and scholars.

In his letter to the Prime Minister, Rizvi cited the example of Kashmir to substantiate his point

“In Kashmir, ISIS supports can be seen in huge numbers. In rural areas, Madrasas are destroying the future of our children being run on donations as their owners are hungry for money,” he stated.

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Yashwant throws his hat in PM race, calls self ‘closest’ person to deliver on job creation

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New Delhi: Former BJP leader Yashwant Sinha threw his hat in the race for prime ministership when he declared himself as the “closest” person who could deliver on job creation, building roads, townships and industries.

Sinha, a former finance minister during the Atal Bihari Vajpayee-led previous NDA government, also said that Transport Minister Nitin Gadkari would not succeed Prime Minister Narendra Modi as he and BJP chief Amit Shah will “not retire” even if the BJP fell below the 200-seat mark in 2019 Lok Sabha polls.

The former BJP lawmaker said the problem in the country was non-creation of crores of jobs and millions of kilometres of roads. India needs a leader who can make agriculture profitable and set up irrigation projects, townships and industries, he said.

 

“We have to do a lot of work in this country… We will have to find somebody who is prepared to buy this theory and start doing it,” he said.

Asked who the person could be, Sinha told a news channel, “There is nobody in my mind.”

Asked who was closest to deliver all this, he said, “The closest is me, myself, what I am,” leading to a laughter in the audience of the event hosted by the channel.

“I am very close behind him,” said CPI(M) leader Sitaram Yechury, seated next to him, when asked if he endorsed Sinha.

Various opposition parties are seeking to unite to put up a united front to defeat the Modi-led BJP in general elections, with the BJP taking a swipe at them saying all are prime ministerial aspirants in the opposition camp.

About speculation on whether Gadkari would succeed Modi, the disgruntled former BJP MP said, “There is no hope in hell for that.”

Sinha said what he is saying is “because I know the kind of vice-like grip the current prime minister and the party president have over the BJP and even after the loss in elections where they could be below 200, they will not retire from their leadership.”

“It is a very fond hope that some media people are nursing that Gadkari might succeed Modi,” he said, negating the possibility.

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