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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AP Home Minister says she takes Pawan Kalyan's remarks 'positively'
Amaravati, Nov 5: Andhra Pradesh Home Minister Vangalapudi Anitha on Tuesday said she viewed Deputy Chief Minister Pawan Kalyan's remarks on her handling of the state's law and order situation in a constructive way.
Anitha’s response followed Kalyan’s criticism the previous day over deteriorating law and order conditions and increased violence against women, particularly five months into the tenure of the new coalition government comprising the TDP, BJP, and Janasena.
"I took his (Kalyan’s) comments positively. His press meet was, in fact, encouraging. He provided a supportive foundation for my work and urged me to be even more assertive. That's what he communicated,” Anitha told reporters.
Anitha added that, as the Home Minister, she recognises her responsibilities and the demands of her role.
She also emphasised that Kalyan did not label her a failure.
The Home Minister noted that she had spoken to Kalyan about the matter, and he clarified that he was referring to the alleged registration of cases based on caste under the previous YSRCP government.
Further, she underscored that Andhra Pradesh is strict about maintaining law and order.
“The Chief Minister is serious that anyone contemplating a crime should fear. He (CM) said we will bring special laws to deter criminal behaviour. This message came directly from the CM,” she said.
Defending Kalyan as the Deputy Chief Minister, Anitha claimed that some people were "unnecessarily politicising" the issue.
On Monday, the Deputy CM expressed concerns about the state’s law and order situation, suggesting that “things would be different” if he were the Home Minister—remarks seen as direct criticism of Vangalapudi Anitha.
His comments came after recent incidents, including the rape and murder of a four-year-old girl by a relative in Tirupati district.
Meanwhile, YSRCP leader B Rajendranath sought to know who Kalyan was questioning.
"Whom are you (Kalyan) questioning? You are in power. You are the Deputy Chief Minister. Are you questioning yourself, your government, a particular minister, the CM, or the police department? We do not understand," Rajendranath said during a press conference in Hyderabad.
Rajendranath noted that while Anitha holds the Home Department portfolio, law and order is overseen by the CM. He questioned Kalyan's criticism of the police department’s functioning, reasoning that the government cannot operate without the system in place.
He advised Kalyan to address crime effectively, while former Tourism Minister and YSRCP leader RK Roja suggested that Kalyan’s comments reflected "failure" on the part of both the Deputy Chief Minister and Chief Minister.
Further, she alleged that the Home Minister has become "useless".
