CSWSMR welcomes SC order on Section 377 of IPC
Bengaluru, September 6: The Coalition for Sex Workers and Sexual Minorities Rights has welcomed the landmark judgement of the Supreme Court which has recognized and granted all forms of constitutional protection and citizenship to the persons identified as queer in the country.
In a press release, Ayyan Syed and Uma from the organization said that the judgement was a huge leap forward in recognizing the rights of gender and sexual minorities and it came at a time when other forms of civil liberties and dissent were being cracked down by the state, they said.
“While we celebrate the victory, we must be cognizant of the continuing struggles of dalits, tribals, farmers, students and other marginalized communities. It is a culmination of a long and difficult struggle against IPC Section 377, which criminalized the everyday life, relationships and loves of the LGBTQI community in the country. We have to remember many of our allies and friends from the community who have shaped the struggle. The verdict is the outcome of a prolonged and sustained movement built at the grassroots level, and on the streets across the country. It embodies a collective and cooperative effort on the part of several movements, Individuals, Lawyers, Organizations, Health Professionals and Families of LGBTQI persons”, they said.
The judgement was the reiteration of the fundamental rights entitled to all persons in the Constitution. The verdict was a powerful reminder that individual autonomy, liberty and dignity were inherent in all persons and could not be held hostage to the whims and fancies of the majority. All the five judges of the Supreme Court have demonstrated the dynamic, versatile and timeless nature of Constitution while hearing the case. The dream of equality, egalitarianism and anti-discrimination as envisaged by Dr B.R. Ambedkar has come closure to the reality with this judgement. The obligation on the state to ensure that institutions such as the police and health departments were regularly sensitized on issues and concerns of LGBTQI persons was increased with the judgement. An end to the legally backed institutional homophobia of the state, which was in many ways personified by IPC Section 377 appeared to be good place to start, they said.
Justice Chandrachud has so eloquently said “In upholding Constitutional morality, we affirm that the protection of LGBT individuals are not only about guaranteeing a minority their rightful place in the constitutional scheme, but that we equally speak of the vision of the kind of country we want to live in and of what it means for the majority”, they said.
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Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
