History owes apology to LGBTs: Justice Indu Malhotra
New Delhi, Sep 6 : Asserting that criminalising consensual sexual acts between persons of same gender was violative of their fundamental rights, Supreme Court Justice Indu Malhotra on Thursday said that history owed an apology to the Indian LGBTs for "delay in providing redressal" for their sufferings over the centuries.
Section 377 of the Indian Penal Code - which criminalised consensual sexual acts of same-gender adults in private -- is violative of Articles 14, 15, 19, and 21 of the Constitution, the Judge ruled.
"History owes an apology... for the delay in providing redressal for the ignominy and ostracism that they suffered through the centuries", Justice Indu Malhotra said in a separate judgment while concurring with the one pronounced by Chief Justice Dipak Misra.
The community was "compelled to live a life full of fear of reprisals and persecution, on account of ignorance of the majority to recognise that homosexuality is a completely natural condition, part of a range of human sexuality."
Pointing out that the LGBTs deserve to live a life unshackled from the shadow of being 'unapprehended felons', Justice Malhotra said: "The mis-application of this provision (Section 377) denied them the fundamental right to equality guaranteed by Article 14 of the Constitution."
She said that it (discrimination) infringed the right to non-discrimination under Article 15, and the right to live a life of dignity and privacy guaranteed by Article 21.
Justice Malhotra said that sexual orientation is innate to a human being and is an important attribute of one's personality and identity. "... LGBT persons have little or no choice over their sexual orientation."
She said LGBT persons, like heterosexual persons, are entitled to "privacy", and the right to lead a "dignified existence, without fear of persecution."
"The right to life and liberty would encompass the right to sexual autonomy, and freedom of expression," she said in her judgment.
In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring as "manifestly arbitrary" Section 377 of the IPC, which was welcomed by the LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community and others.
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FIR filed against three individuals, website for spreading false news involving VB, ‘Op Sindoor’
Mangaluru, May 15: An FIR has been registered at the Mangaluru South Police Station against three individuals and a news website for allegedly spreading false and provocative content involving Kannada daily Vartha Bharati and "Operation Sindoor".
The complaint was lodged by B.M. Basheer, News Editor of Vartha Bharati, who sought legal action against those misusing his name, the name of the newspaper, and "Operation Sindoor" to circulate misleading and defamatory content.
According to the complaint, a Facebook post by Nithin Shamanur titled ‘Operation Sindoor: Kannada Journalist’s brother’s wife Finished’ contained false information and featured a photograph of a woman and soldiers. This same post was allegedly shared by two others — Santosh Hegade and Bettampady Chandra — on their Facebook profiles. In addition, the same content was reportedly published by the website newsputtur.com.
Basheer stated that the news being circulated is completely baseless and inflammatory, and accused the individuals involved of attempting to mislead the public. He warned that such content could spark unrest, especially in the already sensitive environment of coastal Karnataka.
“This baseless and provocative misinformation in the name of ‘Operation Sindoor’ is misleading the public and has the potential to incite unrest in society,” said Basheer in his complaint. “Given the already sensitive atmosphere in coastal Karnataka due to recent developments, such rumors are likely to further destabilize the situation.”
He demanded strict legal action against Nithin Shamanur, Santosh Hegade, Bettampady Chandra, and the editor of newsputtur.com, including registration of a criminal case and a thorough investigation into the matter.
Acting on the complaint, the Mangaluru South Police have registered an FIR against all four accused under relevant sections for allegedly spreading false, defamatory, and inflammatory content online. Further investigation is underway.
