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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Bihar govt to constitute 100 fast-track courts to expedite disposal of criminal cases: Home min
Patna (PTI): Bihar Home Minister Samrat Choudhary on Sunday announced that the state government will establish 100 fast-track courts (FTCs) to ensure the swift disposal of pending cases.
He said that the move also aims to ease the burden on regular courts for them to accord due attention to sensitive cases.
Choudhary said the decision in this regard has been made considering that over 18 lakh cases are pending before different courts in the state.
The constitution of FTCs will "bring in a big relief" to the judicial system and litigants, he said.
"To operationalise 100 FTCs across 38 districts and sub-divisions, the government will undertake large-scale recruitment," the home minister asserted in a statement.
He said that a total of 900 posts, including those of bench clerks, office clerks, stenographers, deposition writers, data entry operators, drivers, process servers and peons, will be filled.
Choudhary also announced that 79 courts will be designated as 'act courts' to fast-track cases related to the Arms Act. Swift resolution of such serious cases, he said, will strengthen law and order in the state.
The minister said that Patna alone will get eight fast-track courts, while four courts each will be set up in Gaya, Muzaffarpur, Darbhanga and Bhagalpur. Three FTCs each are planned for Nalanda (Bihar Sharif), Rohtas (Sasaram), Saran (Chhapra), Begusarai, Vaishali (Hajipur), East Champaran (Motihari), Samastipur and Madhubani.
Similarly, two courts each will be established in West Champaran (Bettiah), Saharsa, Purnea, Munger, Nawada, Jehanabad, Arwal, Aurangabad, Kaimur (Bhabhua), Buxar, Bhojpur (Arrah), Sitamarhi, Sheohar, Siwan, Gopalganj, Supaul, Madhepura, Araria, Kishanganj, Katihar, Banka, Jamui, Sheikhpura, Lakhisarai and Khagaria. One FTC each is also proposed for the sub-divisional courts of Naugachia and Bagaha.
