National
Privacy judgment criticises previous SC ruling on Section 377
New Delhi, Aug 24 (IANS) The landmark judgment on the right to privacy by a nine-judge bench of Supreme Court on Thursday criticised an earlier judgment of the apex court which reinstated the Indian Penal Code’s Section 377 that declares homosexuality unnatural and a legal offence.
The landmark judgment by the bench which also had Chief Justice J.S. Khehar said the rights of the LGBT and sexual minorities are not “so-called” but are “real rights founded on sound constitutional doctrine”.
Thursday’s judgment called the previous judgment in the Suresh Kumar Koushal vs Naz foundation case a “discordant note” which directly bears upon the evolution of the constitutional jurisprudence on the right to privacy.
In the 2013 judgment, the two judge bench of justices G. S. Singhvi and S. J. Mukhopadhaya had argued that in 150 years, less than 200 persons had been prosecuted under Article 377.
The judgment that overturned a previous judgment by Delhi High Court that decriminalised homosexual acts also said “plight of sexual minorities” cannot be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature.
Thursday’s judgment said neither of the two arguments can be regarded as “valid constitutional basis for disregarding a claim based on privacy under Article 21 of the Constitution”.
“The rights of the lesbian, gay, bisexual and transgender population cannot be construed to be ‘so-called rights’. The expression ‘so-called’ seems to suggest the exercise of a liberty in the garb of a right which is illusory,” it said about the 2013 judgment.
“This is an inappropriate construction of the privacy based claims of the LGBT population. Their rights are not ‘so-called’ but are real rights founded on sound constitutional doctrine. They inhere in the right to life. They dwell in privacy and dignity.
“They constitute the essence of liberty and freedom. Sexual orientation is an essential component of identity. Equal protection demands protection of the identity of every individual without discrimination,” said a portion of the 547-page judgment.
This latest court order was hailed by legal experts as well as activists as a landmark, that can positively influence the case for decriminalising consensual homosexual acts.
Eminent lawyer Rebecca John welcomed the decision and said it will have impact on the case on Section 377.
She pointed out that out of the nine judges, five said in the judgment that that earlier apex court judgment that once again made homosexual practice in privacy a criminal offence was a bad law.
“I imagine it (case on section 377) will be put on fast track now. It will be very difficult to continue to earlier judgment on 377 now,” John told IANS.
Naz Foundation, a NGO working on sexual health which was a party in the 2013 case, also welcomed the decision.
“The judgement has far reaching consequences, especially for Article 377 because the Delhi High Court judgement was based on the argument of privacy and therefore it is definitely going to impact the Supreme Court hearing,” Anjali Gopalan of the foundation told IANS.
“More than that a few years ago, there was a professor Ramchandra Siras of Aligarh Muslim University where his colleague got some media guy to do a sting operation and went into his house to film him ans the man subsequently committed suicide. So, with a ruling like this, such violation will not happen. I am very glad that the Supreme Court has given such a progressive judgement,” she added.
–IANS
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Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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