SC seeks government's response on plea against provision criminalising gay sex
New Delhi, April 23: The Supreme Court on Monday sought the Central government's response on hotelier Kesav Suri challenging Indian Penal Code's Section 377 which criminalises any sort of homosexual activity and other forms of unnatural sex.
Suri, the Managing Director of Lalit Suri Hospitality group, is also a LGBT rights activists.
As the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud tagged Suri's plea with an earlier pending challenge to Section 377, senior counsel Mukul Rohatgi urged the court to ask the government to respond to the plea.
"I want to know the Central government's stand on the constitutionality of Section 377. For one year, no reply has come," he told the bench.
The top court is already seized of the matter as it had on January 8 had said that it will re-examine its 2013 verdict upholding Section 377 that criminalises gay sex. The matter has been referred to a larger bench.
While agreeing to re-examine 2013 judgment, the court had on January 8, 2018, said observed "a section of people or individuals who exercise their choice should never remain in a state of fear".
Referring the matter to a larger bench, the court had on January 8 said: "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 had 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".
The top court's January 8 order had come 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)".
The top court by its 2013 order had set aside a Delhi High Court's July 2, 2009 verdict decriminalising gay sex.
NGO Naz Foundation which is seeking the scraping of Section 377 of IPC 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.
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Israeli Prime Minister Benjamin Netanyahu dismisses defence minister in surprise announcement
Jerusalem, Nov 5: Israeli Prime Minister Benjamin Netanyahu on Tuesday dismissed his popular defence minister, Yoav Gallant, in a surprise announcement that came as the country is embroiled in wars on multiple fronts across the region.
Netanyahu and Gallant have repeatedly been at odds over the war in Gaza. But Netanyahu had avoided firing his rival. Netanyahu cited “significant gaps” and a “crisis of trust” between the men in his Tuesday evening announcement.
“In the midst of a war, more than ever, full trust is required between the prime minister and defence minister,” Netanyahu said. “Unfortunately, although in the first months of the campaign there was such trust and there was very fruitful work, during the last months this trust cracked between me and the defence minister.”
In the early days of the war, Israel's leadership presented a unified front as it responded to Hamas' October 7, 2023, attack. But as the war dragged on and spread to Lebanon, key policy differences have emerged. While Netanyahu has called for continued military pressure on Hamas, Gallant had taken a more pragmatic approach, saying that military force has created the necessary conditions for a diplomatic deal that could bring home hostages held by the Hamas group.
Gallant, a former general who has gained public respect with a gruff, no-nonsense personality, said in a statement: “The security of the state of Israel always was, and will always remain, my life's mission."
Gallant has worn a simple, black buttoned shirt throughout the war in a sign of sorrow over the October 7 attack and developed a strong relationship with his US counterpart, Defence Secretary Lloyd Austin.
A previous attempt by Netanyahu to fire Gallant in March 2023 sparked widespread street protests against Netanyahu. He also flirted with the idea of dismissing Gallant over the summer but held off until Tuesday's announcement.
Gallant will be replaced by Foreign Minister Israel Katz, a Netanyahu loyalist and veteran Cabinet minister who was a junior officer in the military. Gideon Saar, a former Netanyahu rival who recently rejoined the government, will take the foreign affairs post.
Netanyahu has a long history of neutralising his rivals. In his statement, he claimed he had made “many attempts” to bridge the gaps with Gallant.
“But they kept getting wider. They also came to the knowledge of the public in an unacceptable way, and worse than that, they came to the knowledge of the enemy - our enemies enjoyed it and derived a lot of benefit from it,” he said.
