This presentation deals with various aspects of Section 377, Indian Penal Code 1860 in a short and concise manner and helps in the understanding Section 377 better.
THE NAZ FOUNDATION CASE (Section 377) - Interlinking and HyperlinkingUtkarsh Kumar
The Naz Foundation (India) Trust, the original petitioner in the constitutional challenge to Section 377, IPC, has filed a petition seeking review of the judgment of the Hon'ble Supreme Court in Suresh Kumar Koushal v. Naz Foundation (India) Trust (Civil Appeal No. 10972 of 2013). On 11th December, 2013, the Hon'ble Supreme Court, in a regressive decision, has upheld the validity of Section 377, IPC that criminalises all penile non-vaginal sexual acts between consenting adults and has set aside the judgment of Delhi High Court of 2009 that had decriminalized adult consensual sexual acts in private.
Represented by Lawyers Collective, the Petition argues that there are a number of grave and manifest errors of law and wrong application of law in the impugned judgment that need to be corrected under review by this Hon'ble Court. The judgment is contrary to the grain of Hon'ble Supreme Court's own jurisprudence on advancement of fundamental rights and freedoms of all persons, especially those who face marginalisation in society. It completely dismisses the foreign jurisprudence from all over the world and international human rights law on sexual orientation and gender identity. Reliance on the principles of judicial restraint and Parliament's prerogative to change laws is misplaced, when the law has been challenged for violation of fundamental rights of individuals, as is being done in the present case.
Seeking an interim stay on the operation of the judgment, the petition notes that it has caused immense prejudice to all adult persons who engage in consensual sex, particularly those from the Lesbian, Gay, Bisexual and Transgender community, who suddenly have been put at risk of prosecution under criminal law. In the last four years, many persons from the LGBT community have become open about their sexual identity and disclosed their intimate relationships on the basis of the High Court judgment decriminalising the same.
The Petition further states that since it raises significant issues of constitutional import of substantial public interest and far reaching public importance, an oral hearing ought to be given by the Hon'ble Supreme Court.
Section 377 of Indian Penal Code
Content : Introduction,Section 377 of the Indian Penal Code,Section 377 is a violation of the fundamental right to life and liberty ! Why?,IPC Section 377 Law and It’s History,Conclusion.
LGBT is a huge issue in a country like India. One one side where people are fighting for the bill to be passed on the other side the people falling in category of LGBT is not given proper rights to live life accordingly. In this scenario the question arises , Are We Ready To Accept the LGBT Rights?
THE NAZ FOUNDATION CASE (Section 377) - Interlinking and HyperlinkingUtkarsh Kumar
The Naz Foundation (India) Trust, the original petitioner in the constitutional challenge to Section 377, IPC, has filed a petition seeking review of the judgment of the Hon'ble Supreme Court in Suresh Kumar Koushal v. Naz Foundation (India) Trust (Civil Appeal No. 10972 of 2013). On 11th December, 2013, the Hon'ble Supreme Court, in a regressive decision, has upheld the validity of Section 377, IPC that criminalises all penile non-vaginal sexual acts between consenting adults and has set aside the judgment of Delhi High Court of 2009 that had decriminalized adult consensual sexual acts in private.
Represented by Lawyers Collective, the Petition argues that there are a number of grave and manifest errors of law and wrong application of law in the impugned judgment that need to be corrected under review by this Hon'ble Court. The judgment is contrary to the grain of Hon'ble Supreme Court's own jurisprudence on advancement of fundamental rights and freedoms of all persons, especially those who face marginalisation in society. It completely dismisses the foreign jurisprudence from all over the world and international human rights law on sexual orientation and gender identity. Reliance on the principles of judicial restraint and Parliament's prerogative to change laws is misplaced, when the law has been challenged for violation of fundamental rights of individuals, as is being done in the present case.
Seeking an interim stay on the operation of the judgment, the petition notes that it has caused immense prejudice to all adult persons who engage in consensual sex, particularly those from the Lesbian, Gay, Bisexual and Transgender community, who suddenly have been put at risk of prosecution under criminal law. In the last four years, many persons from the LGBT community have become open about their sexual identity and disclosed their intimate relationships on the basis of the High Court judgment decriminalising the same.
The Petition further states that since it raises significant issues of constitutional import of substantial public interest and far reaching public importance, an oral hearing ought to be given by the Hon'ble Supreme Court.
Section 377 of Indian Penal Code
Content : Introduction,Section 377 of the Indian Penal Code,Section 377 is a violation of the fundamental right to life and liberty ! Why?,IPC Section 377 Law and It’s History,Conclusion.
LGBT is a huge issue in a country like India. One one side where people are fighting for the bill to be passed on the other side the people falling in category of LGBT is not given proper rights to live life accordingly. In this scenario the question arises , Are We Ready To Accept the LGBT Rights?
This article has been written for Techkriti Blog for a Cause Contest.
The topic was:
Write an article on Section 377 of IPC that criminalises Homosexuality in India and tags it as “unnatural”.
For more information visit: http://www.socialscribblers.in/techkriti-blog-cause/
A comparative exploration of LGBT politics in Central Asian countries, Kyrgyzstan and Kazakhstan, and the role of international players in LGBT politics.
LGBTQ: LEGAL RIGHTS AND SOCIAL IMPLICATIONSAvisrutiSarkar
This is a presentation I had prepared after a lot of research and interview. To know more, follow the links.
https://kalpanachitraa.wordpress.com/2018/11/28/if-people-want-to-define-me-in-a-gender-im-a-woman-shilok-mukkati/
https://kalpanachitraa.wordpress.com/2018/11/28/official-consent-won-a-battle-but-is-this-war-over/
https://kalpanachitraa.wordpress.com/2018/11/21/we-want-to-belong-lgbtq-community/
A PERENNIAL DEBATE BETWEEN HUMAN RIGHTS AND EXTENT OF GOVERNANCEBiswajit Das
The problem faced by the society can only be addressed by the society itself. The members are part of it. It is the collective duty and responsibility of the society to address its problems but it is only those members, who are informed, conscious, empowered and vigilant, who have to shoulder its collective responsibility to address its ills by making the other part of the society aware and informed by constructively and effectively engaging them in the progression of the society.
This presentation includes slides on the definition of crime and distinction between crime and deviance. It also includes slides on types of criminals.
Imran Ahmad Sajid
University of Peshawar
HOMOSEXUALITY: NEITHER UNNATURAL NOR CRIMINAL; AN ANALYTICAL RESEARCHTanmay Gujarathi
Presentation by Tanmay Gujarathi, Pranitee Mhaskar and Prathama Bhat on HOMOSEXUALITY: NEITHER UNNATURAL NOR CRIMINAL; AN ANALYTICAL RESEARCH as a part of Avishkar Research Convention (District Level).
ABSTRACT
Homosexuality is a feeling or desire involving sexual attraction to people of
one’s own sex. In common usage, the term homosexual is used to refer to
both same-sex oriented males and females.
This article has been written for Techkriti Blog for a Cause Contest.
The topic was:
Write an article on Section 377 of IPC that criminalises Homosexuality in India and tags it as “unnatural”.
For more information visit: http://www.socialscribblers.in/techkriti-blog-cause/
A comparative exploration of LGBT politics in Central Asian countries, Kyrgyzstan and Kazakhstan, and the role of international players in LGBT politics.
LGBTQ: LEGAL RIGHTS AND SOCIAL IMPLICATIONSAvisrutiSarkar
This is a presentation I had prepared after a lot of research and interview. To know more, follow the links.
https://kalpanachitraa.wordpress.com/2018/11/28/if-people-want-to-define-me-in-a-gender-im-a-woman-shilok-mukkati/
https://kalpanachitraa.wordpress.com/2018/11/28/official-consent-won-a-battle-but-is-this-war-over/
https://kalpanachitraa.wordpress.com/2018/11/21/we-want-to-belong-lgbtq-community/
A PERENNIAL DEBATE BETWEEN HUMAN RIGHTS AND EXTENT OF GOVERNANCEBiswajit Das
The problem faced by the society can only be addressed by the society itself. The members are part of it. It is the collective duty and responsibility of the society to address its problems but it is only those members, who are informed, conscious, empowered and vigilant, who have to shoulder its collective responsibility to address its ills by making the other part of the society aware and informed by constructively and effectively engaging them in the progression of the society.
This presentation includes slides on the definition of crime and distinction between crime and deviance. It also includes slides on types of criminals.
Imran Ahmad Sajid
University of Peshawar
HOMOSEXUALITY: NEITHER UNNATURAL NOR CRIMINAL; AN ANALYTICAL RESEARCHTanmay Gujarathi
Presentation by Tanmay Gujarathi, Pranitee Mhaskar and Prathama Bhat on HOMOSEXUALITY: NEITHER UNNATURAL NOR CRIMINAL; AN ANALYTICAL RESEARCH as a part of Avishkar Research Convention (District Level).
ABSTRACT
Homosexuality is a feeling or desire involving sexual attraction to people of
one’s own sex. In common usage, the term homosexual is used to refer to
both same-sex oriented males and females.
By a landmark ruling on April 15, 2014, the Supreme Court of India granted legal recognition to transgender people. The apex court, in its ground-breaking judgment delivered by a Division Bench of Justices K.S. Radhakrishnan and A. K. Sikri in a Public Interest Litigation filed by National Legal Services Society Authority (“NALSA”) seeking the recognition of ‘Transgender’ as a third gender, held that Articles 14, 15 and 21 of the Indian Constitution do not exclude transgender persons from their ambit and take into account rights of ‘Hijras’ as well.
This article has been written for Techkriti Blog for a Cause Contest.
The topic was:
Write an article on Section 377 of IPC that criminalises Homosexuality in India and tags it as “unnatural”.
For more information visit: http://www.socialscribblers.in/techkriti-blog-cause/
some legal aspects of the transgender legal status in the world. the paper was read over at 8th International Law Conference, Siem Reap, Cambodia held in May, 2013 by LawAsia
This article has been written for Techkriti Blog for a Cause Contest.
The topic was:
Write an article on Section 377 of IPC that criminalises Homosexuality in India and tags it as “unnatural”.
For more information visit: http://www.socialscribblers.in/techkriti-blog-cause/
BoyarMiller Shareholder Matt Veech and Associate Chris James discuss new legal developments from an employer's perspective, with topics ranging from how to manage employee drug testing policies in the face of a changing regulatory landscape for medicinal marijuana, to the rise of Lift, Uber and other “gig” jobs that straddle the line between employee and independent contractor.
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Judicial Activism - Section 377, Indian Penal Code, 1860
1. LEGAL METHODS AND SOCIAL SCIENCE
RESEARCH METHODOLOGY
BY: ANMOL MALHOTRA
ROLL NO: 15159
GROUP NO: 21
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW
2. Judicial cial to the society in general and people at large. activism is the use of judicial
power to articulate and to enforce what is benefit to the society.
Section 377 of the Indian Penal Code states whoever voluntarily has carnal intercourse
against the order of nature shall be punished.
This ban has not kept consent in mind and has made all non-vaginal intercourse illegal,
therefore covering all homosexual activities under its ambit.
The words used are “against the order of nature” which are open to interpretation and
may or may not include oral sex and other sexual activities which do not result in
procreation.
3. A writ petition was filed in 2001 by the naz foundation questioning
the validity of section 377 on grounds of violation to dignity, privacy
and health under article 21, article 14 and article 15.
The Ministry of Health and Family filed an affidavit stating that’s
section 377 was needed to prevent the spread of aids.
Soon after this the Delhi high court ruled that section 377 was in
violation of article 21, article 14 and article 15.
However another view point came up that of the Home Ministry
being in favor of section 377 and the National AIDS Control
Organization (NACO) against it.
4. All review petitions were dismissed by the Supreme Court on January 28, 2014.
On December 11, the Supreme Court held that carnal intercourse was a criminal offense.
The court stated that the section 377 would be kept until the parliament amended it.
Various special leave petitions were files by faith based and religious groups from all parts of india.
In July 2009, it was ruled that consensual homosexual activates amongst adults were legal.
5. • it is to be noted that the crux of the judgment does not deal with gay rights.
• The naz foundation deals with hiv and aids for MSM (men having sex with men) and
wanted section 377 to be removed as they claimed it was used to harass members of
the lgbt community and this led to homosexuals going underground.
• This was denied on the grounds of insufficient evidence and was termed as anti-gay
by the media.
• The judgement clearly stated that Naz Foundation miserably failed to furnish the
evidence of what they claimed.
6. Article 14
•The SC said that article 14 does not state that same rules should be
applied to everyone irrespective of circumstances, it only means that
everyone should be treated equally in the same circumstances .
•The SC said those indulging in normal intercourse and those indulging
in intercourse against the order of nature were different classes.
Article 21
•AS far as article 21 is concerned, it was noted that right to privacy cannot be infringed upon
and this article has been read keeping article 21 in mind.
•However in case of a violation against a state, this right may be infringed if the act was in state
interest
7. Mindset is the main problem
for the LGBT community in
India. Various places in India are
known to provide medical
treatment to homosexuals such
as “conversion therapy.”
Electric shock therapy and
testosterone injections are
used to “fix” homosexuality,
even mental health
professionals believe in these
techniques.
Some believe that section 377 is
still in play because the British
introduced it in the 18th
century and that there is
nothing known as
“homosexual” in Indian
culture.
However, during the recent
times changes in the way
homosexuals are perceived
have changed and terms like
“gay” and “lesbian” have
become more prominent.