History owes apology to LGBTs: Justice Indu Malhotra
New Delhi, Sep 6 : Asserting that criminalising consensual sexual acts between persons of same gender was violative of their fundamental rights, Supreme Court Justice Indu Malhotra on Thursday said that history owed an apology to the Indian LGBTs for "delay in providing redressal" for their sufferings over the centuries.
Section 377 of the Indian Penal Code - which criminalised consensual sexual acts of same-gender adults in private -- is violative of Articles 14, 15, 19, and 21 of the Constitution, the Judge ruled.
"History owes an apology... for the delay in providing redressal for the ignominy and ostracism that they suffered through the centuries", Justice Indu Malhotra said in a separate judgment while concurring with the one pronounced by Chief Justice Dipak Misra.
The community was "compelled to live a life full of fear of reprisals and persecution, on account of ignorance of the majority to recognise that homosexuality is a completely natural condition, part of a range of human sexuality."
Pointing out that the LGBTs deserve to live a life unshackled from the shadow of being 'unapprehended felons', Justice Malhotra said: "The mis-application of this provision (Section 377) denied them the fundamental right to equality guaranteed by Article 14 of the Constitution."
She said that it (discrimination) infringed the right to non-discrimination under Article 15, and the right to live a life of dignity and privacy guaranteed by Article 21.
Justice Malhotra said that sexual orientation is innate to a human being and is an important attribute of one's personality and identity. "... LGBT persons have little or no choice over their sexual orientation."
She said LGBT persons, like heterosexual persons, are entitled to "privacy", and the right to lead a "dignified existence, without fear of persecution."
"The right to life and liberty would encompass the right to sexual autonomy, and freedom of expression," she said in her judgment.
In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring as "manifestly arbitrary" Section 377 of the IPC, which was welcomed by the LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community and others.
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Two African nationals linked to 12 cyber fraud complaints nationwide held in Delhi
New Delhi (PTI): Two African nationals have been arrested over suspected involvement in an international cyber fraud racket that allegedly duped victims across multiple states of more than Rs 50 lakh, police said on Thursday.
The accused allegedly impersonated women on online platforms to befriend Indian victims and build emotional relationships. They would later claim to be travelling to India and fabricate stories about being detained at airports or facing immigration issues, seeking money for clearance and other expenses.
Police said the arrests were made following sustained surveillance, technical analysis and verification of suspicious mule bank accounts linked to multiple complaints registered on the National Cyber Crime Reporting Portal (NCRP).
According to the police, at least 12 complaints from across states involving defrauded funds exceeding Rs 50 lakh were traced to several bank accounts used by the accused.
"These accounts were opened in different names across various banks and were used to receive money fraudulently obtained from victims," a senior police officer said.
During investigation, six mobile phones and two passports were seized from the accused. Police said the devices contained incriminating chats, details of mule bank accounts and conversations with victims, along with fabricated images related to airports apparently used to mislead targets.
Both accused are also suspected to have links with drug trafficking activities in the Delhi-NCR region and are being probed further, police said, adding that efforts are underway to identify and apprehend other members.
