Supreme Court reserves verdict on Section 377
New Delhi : The Supreme Court on Tuesday reserved its verdict in the case on decriminalising Section 377 of the Indian Penal code (IPC). This was after counsels from parties concluded their arguments.
The five-member Constitutional bench, headed by Chief Justice of India Dipak Misra, heard the arguments through the last week.
In the course of the hearings, the Centre told the apex court that it will not take a stand on the criminalisation of same-sex relationship. It told the court that it will "leave it to the wisdom of the court" to decide upon the matter.
On Tuesday, submitting his arguments, senior advocate K Radhakrishnan said prevalence of HIV will increase in the country if Section 377 IPC is struck down by the court. He added that such a move will also make India lose its nobility, character and virtuousness.
To this, the bench, which also comprises of Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, said are sexually-transmitted diseases not prevalent among heterosexual couples?
Suresh Kumar Koushal's lawyer argued that a law should not be struck down just because it affects a handful of people. In 2013, Koushal had successfully challenged the Delhi High Court's historic verdict of 2009 wherein the court had read down Section 377 IPC to the effect that it decriminalised Section 377.
The order was overruled by a two-member bench of the Supreme Court in 2013.
Earlier in the day, Justice Nariman observed that the court cannot leave a matter to the legislature if it violates the fundamental rights gifted by the Constitution to every citizen of the country.
The five-member bench also observed that the top court will not wait for a government to enact, amend or not enact a law on any issue that violates individuals' fundamental rights.
courtesy : indiatoday.in
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AIITA welcomes Karnataka’s ban on obscene songs in school events
Bhatkal: The Karnataka unit of the All India Ideal Teachers Association (AIITA) has welcomed the Karnataka government’s decision to strictly ban school children from dancing to obscene songs during educational and cultural programmes in government, aided, and private schools across the state.
AIITA Karnataka State President M. R. Manvi congratulated the government for taking what he termed an important step to preserve the sanctity of education.
“Such decisions to safeguard the dignity of school children and uphold the values of education are the need of the hour. This rule should not be limited to government schools alone but must be strictly implemented in all private educational institutions as well,” he said.
He further urged the government to address other concerns within school programmes.
“The government should not only prohibit obscene dances in the name of school anniversaries, but also ensure that plays and dialogues that incite religious hatred are avoided. Schools should be centres of harmony, not platforms for spreading hatred,” he added.
According to a recent circular issued by the Department of School Education and Literacy, obscene dances are adversely affecting the mental health and moral values of students.
In this regard, schools have been advised to use songs that promote nationalism, positive thinking, the greatness of Kannada culture, and value-based traditions instead of inappropriate content during programmes.
The circular also emphasises that students should be dressed in decent attire.
AIITA also backed the department’s warning that disciplinary action would be taken against head teachers if such guidelines are violated. The association has further demanded that district Deputy Directors of Public Instruction strictly monitor the implementation of these rules.
