SC seeks government's response on plea against provision criminalising gay sex
New Delhi, April 23: The Supreme Court on Monday sought the Central government's response on hotelier Kesav Suri challenging Indian Penal Code's Section 377 which criminalises any sort of homosexual activity and other forms of unnatural sex.
Suri, the Managing Director of Lalit Suri Hospitality group, is also a LGBT rights activists.
As the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud tagged Suri's plea with an earlier pending challenge to Section 377, senior counsel Mukul Rohatgi urged the court to ask the government to respond to the plea.
"I want to know the Central government's stand on the constitutionality of Section 377. For one year, no reply has come," he told the bench.
The top court is already seized of the matter as it had on January 8 had said that it will re-examine its 2013 verdict upholding Section 377 that criminalises gay sex. The matter has been referred to a larger bench.
While agreeing to re-examine 2013 judgment, the court had on January 8, 2018, said observed "a section of people or individuals who exercise their choice should never remain in a state of fear".
Referring the matter to a larger bench, the court had on January 8 said: "Individual autonomy and also individual orientation cannot be atrophied unless the restriction is regarded as reasonable to yield to the morality of the Constitution."
"The morality that public perceives, the Constitution may not conceive of," the court had said making it clear that the "consent between two adults has to be the primary pre-condition. Otherwise the children would become prey, and protection of the children in all spheres has to be guarded and protected".
The top court's January 8 order had come on a petition by Sangeet Natak Akademi awardee Bharatnatyam dancer Navtej Singh Johar, celebrity chef Ritu Dalmia and others holding that Section 377 was "violative of fundamental rights under Article Article 21 (right to life)".
The top court by its 2013 order had set aside a Delhi High Court's July 2, 2009 verdict decriminalising gay sex.
NGO Naz Foundation which is seeking the scraping of Section 377 of IPC had moved the curative petition seeking a relook at its December 12, 2013 judgment and subsequent January 28, 2014 order in a review petition upholding Section 377.
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Chhattisgarh Vedanta power plant blast: Death toll rises to 20; sixteen workers undergoing treatment
Sakti (Chhattisgarh) (PTI): The death toll in a blast at the Vedanta power plant in Chhattisgarh's Sakti district has mounted to 20 with seven more workers succumbing to injuries, while 16 others are undergoing treatment at different hospitals, officials said on Wednesday.
The deceased include six labourers from West Bengal, five from Chhattisgarh, three each from Jharkhand and Uttar Pradesh, two from Bihar, and one from Madhya Pradesh.
The opposition Congress has demanded registration of an FIR against the plant management and a judicial inquiry into the incident.
The explosion occurred on Tuesday afternoon in a steel tube carrying high-pressure steam from the boiler to the turbine at the Vedanta Ltd power plant located in Singhitarai village, leaving several workers with severe burn injuries.
According to officials, four workers died on the spot, while nine others succumbed to injuries soon after the incident.
Seven more workers have died in hospitals, raising the toll to 20, Sakti Collector Amrit Vikas Topno told PTI on Wednesday.
He said that a total of 36 workers were affected in the blast, and 20 of them died.
"Of the 16 injured workers, five are undergoing treatment in hospitals in Raipur, while 11 others are in hospitals of Raigarh, the neighbouring district of Sakti," he added.
Topno added that every possible effort was being made to provide the best medical treatment to the injured.
The deceased were identified, and their family members are being contacted. Arrangements have been made to transport the mortal remains to their native villages via ambulance following the postmortem examination and to provide immediate financial assistance, he said.
Chief Minister Vishnu Deo Sai has announced a compensation of Rs 5 lakh to the families of each deceased worker and Rs 50,000 for those injured.
Vedanta Power has also announced a Rs 35 lakh compensation for the family of each deceased worker, along with employment support.
The company will also provide Rs 15 lakh to each injured person, ensure salary continuation until recovery, and offer counselling support, a statement from the plant management said.
The chief minister has ordered an inquiry by the Commissioner of the Bilaspur division, assuring strict action against the guilty.
He directed officials to ensure free and proper medical treatment for all injured and emphasised that no negligence in their care would be tolerated.
The district administration has also ordered a separate magisterial probe, while the company has initiated its own internal investigation.
Collector Topno has appointed the Sub-Divisional Magistrate (SDM) of Dabhra to conduct the magisterial inquiry.
The SDM has been asked to submit a report within 30 days covering key aspects, including the cause of the accident, whether it was due to technical or human error, and details of safety inspections carried out at the plant.
Meanwhile, the opposition Congress has demanded registration of an FIR against the plant management and a judicial inquiry into the incident.
State Congress communication wing head Sushil Anand Shukla on Wednesday alleged negligence on the plant management's part and accused the government of attempting to shield those responsible.
He also demanded compensation of Rs 1 crore for the families of the deceased and Rs 50 lakh for the injured.
The construction of a 1,200 MW coal-based thermal power project (two units of 600 MW each) in Singhitarai, originally owned by Athena Chhattisgarh Power Ltd, started in 2009, but remained stalled between 2016 and 2022.
Vedanta acquired the plant in 2022, after which a 600 MW unit was completed and commissioned in August last year, while the second unit is still under construction.
The deceased have been identified as Amrit Lal Patel, Thanda Ram Lahre, Udhab Singh Yadav, Rameshwar Mahilange, and Nadeem Ansari (all from Chhattisgarh); Susanta Jana, Sheikh Saifuddin, Manas Giri, Kailash Mahto, Shibnath Murmu, and Dipankar Singh (West Bengal), Tarun Kumar Ojha, Abdul Karim and Ashok Parhiya (Jharkhand), Raju Ram, Pappu Kumar and Brijesh Kumar (Uttar Pradesh), Aakib Khan and Ritesh Kumar (Bihar), and Chitranjan Dhulai of Madhya Pradesh, officials said.
