Supreme Court dismisses review plea seeking same-sex marriage, adoption, surrogacy for LGBTQ
New Delhi: The Supreme Court has dismissed a plea seeking review of its order which had rejected a petition seeking various civil rights such as same-sex marriage, adoption and surrogacy for the LGBTQ community.
A three-judge bench headed by Justice N V Ramana, in an in-chamber decision on July 11, dismissed the review plea filed by Tushar Nayyar which had sought grant of civil rights to the members of the LGBTQ (lesbian, gay, bisexual, transgender, transsexual, queer) community.
"This review petition has been filed against order dated October 29, 2018 whereby the Writ Petition (of Nayyar) was dismissed.
"We have considered the review petition on merits. In our opinion, no case for review of order dated October, 29, 2018 is made out. Consequently, the review petition is dismissed on merits," the bench, which also comprised Justices S Abdul Nazeer and Deepak Gupta said recently.
The top court, on October 29, 2018, had dismissed the fresh plea of Nayyar on issues pertaining to the LGBTQ members saying that a five-judge constitution bench headed by the then Chief Justice Dipak Misra had already dealt with the batch of petitions on homosexuality.
"We are not inclined to entertain this petition after the decision of this Court in Navtej Singh Johar v Union of India decided on September 6, 2018," it had said.
The constitution bench, on September 6, 2018, had unanimously held that consensual sex among adult homosexuals or heterosexuals in private space is not a crime.
It had also struck down part of a British-era law, section 377 of the IPC, that had criminalised the consensual unnatural sex on the grounds that it violated the constitutional right to equality and dignity.
Nayyar had filed the fresh plea saying that his petition was not limited to the issue of decriminalising the consensual gay sex only and had raised host of issues including the issue of "non-recognition of same-sex marriages" under the Special Marriages Act, 1954 and denial of adoption and surrogacy rights to the members of the LGBTQ community members.
However, the plea was dismissed on October 29, 2018 leading to filing of the review petition which has been dismissed.
The review plea had sought civil rights of the LGBTQ community as part of the basic human rights and said that these rights were not addressed in the apex court's judgement on Section 377 of the IPC which had criminalised consensual gay sex.
It had sought recognition of their rights to same-sex marriages, adoption, surrogacy, IVF and directions so that the community can serve openly in the army, navy and air force.
"LGBTQ rights are not recognised as part of human rights. Non Recognition of same-sex marriages (Indian Special Marriages Act, 1954), availability of adoption, surrogacy, IVF (for LGBTQ only) is violative of Article 14, 15, 19, 21, 29. Discrimination solely on basis of sexual orientation violates Article 14, 15, 21 in relation to Army, Navy, Air force Act.
"Other instances of indirect discrimination are not addressed in the Navtej Singh Johar case. People in the military are not allowed to serve openly. Heterosexual people end up marrying LGBT people, end up consummating marriage with them, which harms heterosexual people most. Gay women have it worst," the plea said.
The definition of marriage for LGBTQ had not been addressed in the apex court's judgement of September 6, 2018, it said.
The plea said both heterosexuals in an opposite-sex relationship and homosexuals in a same-sex relationship are similarly circumstanced as the general nature of relationship is romantic and sexual one, either at the time of marriage as in a love marriage or is sought or hoped to be as in the case of arranged marriage.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
