SC verdict on validity of Section 377 likely on Thursday
New Delhi, Sep 5 : The Supreme Court is likely to pronounce its verdict on a batch of petitions challenging the Constitutional validity of Section 377 of the Indian Penal Code that criminalises homosexuality.
The five-judge constitution bench of Chief Justice Dipak Misra, Justice Rohinton Fali Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra had reserved the verdict on July 17 on the conclusion of arguments.
The verdict assumes significance as in the earlier round of litigation in 2013 the Supreme Court had reversed the Delhi High Court ruling decriminalising homosexuality or same sex relationship,
The tone and tenor of the hearing of the matter on July 17 - the day the verdict was reserved - saw the court telling that it was duty bound to strike down a law that is in conflict with the fundamental rights and not to leave it to majoritarian government to address it.
"It is our duty to strike a law the moment we find a law in conflict with fundamental rights. We don't leave it to the majoritarian government, which may or may or act" given the exigencies of its vote bank politics, the constitution bench had said.
"The moment we are convinced that a law is violative of the fundamental rights we will strike it down and not relegate it to legislature," the court had said.
The hearing saw the Constitution bench disagreeing with some of the respondents telling it that decriminalizing the same sex relationship amongst the LGBT community would have a cascading effect on other statutes including the personnel laws and the spread of dreaded diseases like HIV and AIDS.
Unimpressed by the submission, Justice Nariman had said that there would be "no cascading effect" as all such references in other statutes will get deleted.
Justice Chandrachud rejecting the contention had said that the cause of the sexually transmitted diseases was not sexual intercourse but unprotected sex.
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TN polls: TVK pushes DMK behind with leads in 83 seats, AIADMK ahead in 54
Chennai (PTI): New entrant TVK, led by actor-politician Vijay, was leading in as many as 83 constituencies on Monday when counting of votes polled in the April 23 Assembly polls was on across Tamil Nadu. The AIADMK was leading in 58 seats while the ruling DMK was ahead in 34, EC data showed.
About two hours after the postal ballots were counted and EVMs opened for multi-round counting, Vijay's Tamilaga Vettri Kazhagam surged ahead of its Dravidian rivals-- the DMK and the AIADMK, with the ruling party struggling to catch up.
If the trends maintain, Vijay could as well ensure the biggest electoral upset, something in lines with the "1967,1977" wins he had referred to in his campaign speeches.
While the Dravidian stalwart CN Annadurai brought the first non-Congress government in Tamil Nadu post-independence in 1967, the charismatic MG Ramachandran (MGR) installed the maiden AIADMK government 10 years later, unseating then DMK government under M Karunanidhi. TVK was leading in most Chennai segments, all considered DMK strongholds and currently represented by the party in the 234-member House.
A poor show by DMK could belie most exit polls giving an edge to it, riding on the number of populist measures Chief Minister M K Stalin had implemented in his five year "Dravidian model," inclusive governance.
According to EC and TV reports, 15 cabinet ministers, including Stalin were trailing. His son and deputy CM Udhayanidhi was also behind in his incumbent Chepauk-Tirvuvallikeni seat, according to a number of reports.
Stalin was trailing behind TVK's VS Babu by 1234 votes in Kolathur segment. Vijay was ahead in Tiruchirappalli East by over 3,000 votes at the end of two rounds of counting, according to EC data.
BJP is trailing in 26 constituencies and it is ahead in Thali segment alone. TVK is ahead in constituencies including Ponneri, Tiruvallur, Poonamalle, and Avadi.
AIADMK is leading in segments including Katpadi, and Guidyattam and party chief Edappadi K Palaniswami is ahead in Edappadi segment by 7003 votes.
DMK was leading in segments including Vellore, Anaikattu and Rishivandiyam.
