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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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
