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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Noida student's death: Family cries foul, police says autopsy confirms drowning
Noida (PTI): The family of a 21-year-old university student, who drowned at an abandoned construction site in Noida, Thursday alleged foul play saying there were marks on his body even as the police confirmed drowning as the cause of death.
According to a police statement, sand and water were found in the lungs of the deceased, identified as Harshit Bhatt, while his viscera has been preserved for further examination.
Bhatt, a final-year Bachelor of Physical Education student of the private university and a resident of Indirapuram in Ghaziabad, had drowned on Wednesday in a water-filled area at the abandoned construction site in Sector 94, under Sector 126 police station limits.
Deputy Commissioner of Police (Noida) Saad Miyan Khan said the student had gone to the site along with four friends to celebrate the end of their examinations.
"During the outing, Bhatt entered a nearby water-filled pit to bathe and suddenly drowned," the officer said, adding that the incident was reported to Dial-112 by one of his companions.
Police and PRV personnel rushed to the spot and, with the help of local divers, retrieved him from the water and rushed him to a hospital, where doctors declared him dead.
Khan said other students who had entered the water in an attempt to rescue him were safely pulled out and are stable.
Meanwhile, Bhatt's mother has alleged that there were black marks on his body, raising suspicion over the incident.
Police, however, said no formal complaint has been received from the family so far and action will be taken if any complaint is lodged.
An eyewitness, who assisted in the rescue, said he and others rushed to the spot after hearing cries for help and managed to pull out two students.
"They told us it was their last exam and they had come for a party. One of them went deeper into the water while bathing," the eyewitness said.
