National
SC to re-examine law criminalising gay sex (Lead)
New Delhi, Jan 8 (IANS) The Supreme Court on Monday said it will re-examine its 2013 verdict upholding the Indian Penal Code’s Section 377 criminalising gay sex as it observed that “a section of people or individuals who exercise their choice should never remain in a state of fear”.
A bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkar and Justice D.Y.Chandrachud decided to re-consider the top court’s December 12, 2013 order saying that “individual autonomy and also individual orientation cannot be atrophied unless the restriction is regarded as reasonable to yield to the morality of the Constitution”.
“The morality that public perceives, the Constitution may not conceive of,” the court said making it clear that the “consent between two adults has to be the primary pre-condition. Otherwise the children would become prey, and protection of the children in all spheres has to be guarded and protected”.
Referring the matter to a larger bench, Chief Justice Misra, in his order, said: “The determination of order of nature is not a constant phenomenon. Social morality also changes from age to age. The law copes with life and accordingly change takes place”, referring to the phrase in Section 377 which says, “Carnal intercourse against the order of nature”.
Stating that understanding of “natural” is not constant, the court said: “What is natural to one may not be natural to the other but the said natural orientation and choice cannot be allowed to cross the boundaries of law and as the confines of law cannot tamper or curtail the inherent right embedded in an individual under Article 21 of the Constitution.”
Saying that a person should not live in fear for making personal choices, the court cautioned: “When we say so, we may not be understood to have stated that there should not be fear of law because fear of law builds civilised society.”
It said that the “litmus test” of law being valid is that the “law must have the acceptability of the Constitutional parameters”.
The court order came on a petition by Sangeet Natak Akademi awardee Bharatnatyam dancer Navtej Singh Johar, celebrity chef Ritu Dalmia and others holding that Section 377 was “violative of fundamental rights under Article Article 21 (right to life)”.
By its 2013 order, the Supreme Court had earlier set aside a Delhi High Court’s July 2, 2009 verdict decriminalising gay sex.
Johar, Dalmia and others have sought declaration that Section 377 was unconstitutional since it infringes Article 21 encompasses the right to sexuality, sexual autonomy and choice of sexual partner.
The top court had on February 2, 2016 referred to five judge constitution bench the curative petition by NGO Naz Foundation seeking relook at its 2013 verdict upholding the validity of Section 377.
The action followed the bench of Chief Justice T.S. Thakur, Justice Anil R. Dave and Justice Jagdish Singh Khehar (all now retired) being told that the issue involved constitutional question of far-reaching importance and must be heard by five judge bench.
Naz Foundation had moved the curative petition seeking a relook at its December 12, 2013 judgment and subsequent January 28, 2014 order in a review petition upholding Section 377.
–IANS
pk/vd
Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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