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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Not having memorial for Manmohan Singh deliberate insult to India's 1st Sikh PM: Jairam Ramesh
New Delhi, Dec 27: The Congress on Friday said that not finding a location for the cremation and memorial for Manmohan Singh is a deliberate insult to the country's first Sikh prime minister.
The Congress raked up the issue after the Union home ministry said in a statement that Singh's last rites will be held at New Delhi's Nigambodh Ghat at 11:45 AM on Saturday with full state honours.
Congress general secretary Jairam Ramesh said party president Mallikarjun Kharge wrote to Prime Minister Narendra Modi, urging him to conduct Singh's last rites at a location where a memorial could be built to honour his legacy.
"The people of our country are simply unable to understand why the Government of India could not find a location for his cremation and memorial that is befitting of his global stature, record of outstanding achievements, and exemplary service to the nation for decades," Ramesh said in a post on X.
"This is nothing but a deliberate insult to the first Sikh Prime Minister of India, Dr. Manmohan Singh," the Congress leader said.
Kharge wrote the letter after speaking to Modi about setting up a memorial for Singh, who was a two-term prime minister revered by the people of the country.
"Apropos our telephonic conversation today morning, wherein I made a request to hold Dr Manmohan Singh's last rites, which will take place tomorrow i.e. 28th December 2024, at his final resting place that would be a sacrosanct venue for memorial of the great son of India.
"This is in keeping with such tradition of having memorials of statesmen and former Prime Ministers at the very place of their funerals," Kharge said in his two-page letter.
The Congress chief said Dr Manmohan Singh holds a highly revered place in the psyche of the country and the people of this nation, and his contributions and achievements were phenomenal.
He also said that Dr Singh's erudition on economic and fiscal matters came from his vast experience as the governor of the Reserve Bank of India, chief economic advisor to the government of India and in various other capacities in several organisations, and the respect and regard that world leaders had for him bears testimony to this fact.
Kharge said Singh's wise counsel, leadership and contribution in mitigating the global economic financial crisis is well-acknowledged. He also recalled President Obama's words when as the US president, he mentioned that "whenever the Indian prime minister speaks, the whole world listens to him".
He also said that when the nation was in the throes of a grave economic crisis, it was Dr Manmohan Singh, along with former prime minister P V Narasimha Rao, who took India out of the crisis and also led the country towards economic prosperity and stability.
The nation today reaps the benefits of the robust economic foundations built by them, Kharge noted.
"Coming from a humble background and having experienced the pains and sufferings of the Partition, it is through his sheer grit and determination that he rose to become one of the leading statesmen of the world. I hope and trust that befitting stature of Dr Manmohan Singh, request to have the funeral of Dr Singh at a place where his memorial can be built, will be acceded," Kharge said in the letter.
Congress Legislature Party leader in Punjab assembly Pratap Singh Bajwa also separately urged Prime Minister Modi to have Manmohan Singh's funeral at a place where a memorial could be built later in his honour.
"I urge Prime Minister @narendramodi to honour Dr Manmohan Singh, one of the most towering Sikhs of modern times, with a memorial befitting his immense contributions to our nation. Rising from humble beginnings in a historic state, representing a community that has always stood steadfast for India's unity and progress, Dr Singh's life is a testament to intellect, integrity, and selfless service," he posted on X.
Bajwa said Punjabis across faiths and political lines unite in their heartfelt plea to recognise this son of Punjab, who played an instrumental role in shaping India's destiny, with the respect he deserves.
Shiromani Akali Dal leader Sukhbir Singh Badal claimed the Centre has "declined" the request of Manmohan Singh's family for performing the funeral and last rites at a place where an appropriate memorial may be built.
There is no official word from the government on Kharge's request.
However, Badal took to X to post, "Shocking and unbelievable! It is condemnable in the extreme that Union Govt has declined the request of Dr Manmohan Singh Ji's family for performing the funeral and last rites of the highly distinguished leader at a place where an appropriate and historic memorial may be built to commemorate his unparalleled services to the nation."
He further said this place should be Raj Ghat.
"This will be in keeping with the settled practice and tradition followed in the past," Badal said.
He said it is "inexplicable" why the government is "showing such disrespect to the great leader who was the only member of the Sikh community to rise to become the Prime Minister".
"As of now, the cremation is slated to be performed at the common cremation ground at Nigambodh ghat. I am unable to believe that the BJP govt's bias would go to such extremes in utter disregard of the towering global stature which Dr Manmohan Singh ji enjoyed and will always enjoy," Badal further said in his post.
He said Singh took the country to great international heights.
"Our political differences with the Congress apart, we have always held Dr Manmohan Singh in the highest esteem as he transcends politics and political affiliations. He belongs to the entire nation.
"Dr Sahib showed great sensitivity and compassion in his dealings with Shiromani Akali Dal over Sikh and Punjab issues," said Badal urging Modi to "intervene personally to change this deplorable decision of the government".
Singh passed away on Thursday night at Delhi's All India Institute of Medical Sciences (AIIMS) at the age of 92.
आज सुबह कांग्रेस अध्यक्ष ने प्रधानमंत्री को पत्र लिखकर प्रस्ताव दिया था कि पूर्व प्रधानमंत्री डॉ. मनमोहन सिंह का अंतिम संस्कार ऐसे स्थान पर किया जाए जहां उनकी विरासत का सम्मान करने के लिए एक स्मारक बनाया जा सके।
— Jairam Ramesh (@Jairam_Ramesh) December 27, 2024
हमारे देश के लोग यह नहीं समझ पा रहे हैं कि भारत सरकार उनके वैश्विक…
