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Gay sex not crime, rules SC in verdict hailed as historic; UN welcomes verdict

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Gay sex not crime, rules SC in verdict hailed as historic; UN welcomes verdict

[vc_row][vc_column][vc_column_text]The Supreme Court on Thursday, September 6, 2018, decriminalised a portion of Section 377 of the Indian Penal Code (IPC), a colonial era adjunct that criminalises private consensual sexual acts between same sex adults.

The verdict by a five-judge Constitution bench headed by Chief Justice of India Dipak Misrawas applauded by a wide section, with the United Nations also coming out with a statement hailing the judgment. Jubilant gay rights activists celebrated on the lawns of the court. Shouts of ‘Hip Hip Hurray’ echoed on the premises, reported The Hindu.

Delivering the landmark judgment, Chief Justice of India Dipak Misra said: “I am what I am. So take me as I am.”

The apexcourt overruled its own 2013 decision and said Section 377, a British-era ban on consensual gay sex, is irrational, indefensible and arbitrary.

“No one can escape from their individuality,” said Justice Misra.CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, says denial of self-expression is akin to inviting death

The judges dwelt upon various philosophical and Constitutional aspects in writing the historic judgment that called for a shift in the society and attitudes. “We have to bid adieu to prejudices and to empower all citizens,” the Chief Justice said. Homosexuality, said the judges, is not a mental disorder.

Section 377 banned “carnal intercourse against the order of nature with any man, woman or animal”, which was interpreted to refer to homosexual sex. Under the 1861 law, gay sex was punishable by up to 10 years in jail.

The Chief Justice said: “Respect for individual choice is the essence of liberty; the LGBT community possesses equal rights under the constitution. Sexual orientation is a biological phenomenon; any discrimination on these grounds is violative of fundamental rights”.

History owes an apology to LGBT persons for ostracisation, discrimination, the court said.

So far as a consensual sexual act in private is concerned, it is neither harmful nor contagious to society, said the court. The society cannot dictate sexual relationship between consenting adults as it is a private affair and denial of right to sexual orientation is akin to denial of right to privacy, said the court.

Courts must protect the dignity of an individual as the right to live with dignity is recognised as a fundamental right.

Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC, the judgment held.

The SC noted that India is signatory of international treaties on rights of LGBT and it is obligatory to adhere to treaties[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1536231074243{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #e5e5e5 !important;border-radius: 10px !important;}”]The United Nations welcomed the judgment and said it was the first step towards ensuring full fundamental rights to LGBTI persons.

“The United Nations in India welcomes the landmark ruling by the Supreme Court of India striking down a key component of Section 377 of the Indian Penal Code which criminalized specific sexual acts between adults, a law dating back to British colonial rule that has targeted in particular lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and communities.

“Sexual orientation and gender expression form an integral part of an individual’s identity the world over, and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights. LGBTI persons across the world continue to be the targets of violent attacks and are affected by multiple and intersecting forms of discrimination based on age, gender, ethnicity, disability and social status.

“The UN in India sincerely hopes that the court’s ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons. We also hope that the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons in all areas of social, economic, cultural and political activity, thereby ensuring a truly inclusive society. The focus must now be on ensuring access to justice, including remedy; effective investigations of acts of violence and discrimination; and effective access to economic, social and cultural rights.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The ban was challenged by five high-profile petitioners who said they were living in fear of being punished.The petitioners are, Bharatnatyam dancer Navtej Singh Johar, journalist Sunil Mehra, restaurateur Ritu Dalmia, Neemrana hotel chain co-founder Aman Nath and businesswoman Ayesha Kapur.

Activists had been fighting the ban since the 1990s, suffering several court reverses before the verdict today that sparked celebrations among lesbian, gay, bi-sexual and transgender groups across the country.

Reactions:

Congress welcomes verdict

“We join the people of India & the LGBTQIA+ community in their victory over prejudice. We welcome the progressive & decisive verdict from the Supreme Court & hope this is the beginning of a more equal & inclusive society,” tweeted the Congress’ official handle.

Congress spokesperson Randeep Singh Surjewala tweeted, “Supreme Court verdict on #Section377 is momentous. An age-old colonial law, that was an anachronism in today’s modern times, ends restoring the fundamental rights & negating discrimination based on sexual orientation. It’s an imp step forward towards a liberal, tolerant society.”

Decision vindicates my stand: Shashi Tharoor

“So pleased to learn that the Supreme Court has ruled against criminalising sexual acts in private. This decision vindicates my stand on Section 377& on exactly the same grounds of privacy, dignity &constitutional freedoms. It shames those BJP MPs who vociferously opposed me in LS,” tweeted Thiruvananthapuram MP Shashi Tharoor.

Bollywood celebrities hail judgment

Bollywood filmmaker Karan Johar tweeted, “Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!”

Actor Swara Bhasker also supported the judgment. She tweeted, “Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt.”

“Bye bye 377,” tweeted filmmaker and actor Farhan Akhtar. “Thank you #SupremeCourt #abouttime #nomorediscrimination #loveislove.”[/vc_column_text][/vc_column][/vc_row]

India News

Priyanka Gandhi and Prashant Kishor held talks in Delhi after Bihar election setback

Priyanka Gandhi Vadra and Prashant Kishor reportedly met in Delhi days after both Congress and Jan Suraaj suffered setbacks in the Bihar Assembly election.

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Priyanka Gandhi

Congress MP Priyanka Gandhi Vadra and Jan Suraaj chief Prashant Kishor met in Delhi last week, days after the Bihar Assembly election delivered a setback to both political outfits, sources said. The meeting reportedly took place at Sonia Gandhi’s 10, Janpath residence and lasted several hours.

While the interaction has triggered political speculation, both leaders have publicly played down any significance. When asked about the meeting, Priyanka Gandhi said there was little interest in who she meets or does not meet. Prashant Kishor, on the other hand, denied that any such meeting had taken place

Bihar rout brings renewed focus on opposition strategy

The reported interaction followed disappointing election outcomes in Bihar. Jan Suraaj contested 238 Assembly seats but failed to secure a single win, while the Congress managed only six victories out of the 61 seats it contested, a drop of 13 seats compared to the previous election

Sources familiar with the developments indicated that the poor showing by both sides has reopened conversations about future political strategy, especially with several major state elections scheduled over the next two years

A relationship marked by past cooperation and friction

Prashant Kishor has previously worked with the Congress, with mixed outcomes. In 2017, he played a key role in the Congress’s victory in Punjab, but the same year saw the party suffer defeat in Uttar Pradesh. The contrasting results led to internal disagreements, with some party leaders later questioning Kishor’s approach and influence

Talks of Kishor formally joining the Congress resurfaced ahead of the 2022 Uttar Pradesh election, with discussions involving senior party leaders. However, those negotiations collapsed amid differences over organisational reforms and decision-making authority. Kishor later described his experience with the party as unsatisfactory and ruled out joining it, citing resistance to structural change

Jan Suraaj’s debut and future calculations

After parting ways with the Congress, Kishor launched Jan Suraaj with the aim of reshaping Bihar’s political discourse. Despite claims that the party shifted focus from caste-based politics to employment issues, its electoral debut failed to translate into votes

Sources suggest that recent defeats across the opposition spectrum have prompted fresh assessments ahead of upcoming elections in Tamil Nadu, West Bengal and Assam in 2026, followed by Uttar Pradesh in 2027. The longer-term focus remains the 2029 Lok Sabha election, where the ruling party is expected to seek another term

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Omar Abdullah distances INDIA bloc from Congress’s vote chori campaign

Omar Abdullah has clarified that the INDIA opposition bloc is not linked to the Congress’s ‘vote chori’ campaign, saying each party is free to set its own agenda.

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Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has drawn a clear line between the INDIA opposition bloc and the Congress’s ongoing ‘vote chori’ campaign, stating that the alliance has no role in the issue being raised by the grand old party.

Speaking to the media, Abdullah said every political party within the alliance is free to decide its own priorities. He underlined that the Congress has chosen to focus on alleged irregularities linked to voter lists and electoral processes, while other parties may pursue different agendas.

According to Abdullah, the INDIA bloc as a collective is not associated with the ‘vote chori’ narrative. He added that no party within the alliance should dictate what issues another constituent should raise in public discourse.

The remarks came days after the Congress organised a large rally in the national capital to intensify its campaign. The party has alleged that the Election Commission is working in favour of the BJP to influence electoral outcomes. Both the poll body and the ruling party have rejected these claims.

INDIA bloc cohesion under scrutiny

Abdullah’s comments have gained significance as they follow his recent observation that the INDIA bloc is currently on “life support”. That remark, made during an interaction at a leadership summit in Delhi, triggered mixed reactions from alliance partners.

At the event, Abdullah had said the opposition grouping revives intermittently but struggles to maintain momentum, especially after electoral setbacks. He also pointed to the Bihar political developments, suggesting that decisions taken by the alliance may have contributed to Nitish Kumar returning to the NDA fold. He further cited the inability to accommodate the Hemant Soren-led Jharkhand Mukti Morcha in Bihar seat-sharing talks as a missed opportunity.

Allies respond to Omar Abdullah’s remarks

Reactions from within the INDIA bloc reflected differing views on Abdullah’s assessment. RJD leader Manoj Jha termed the remarks “rushed” and said responsibility for strengthening the alliance lies with all constituents, including Abdullah himself.

CPI general secretary D Raja called for introspection among alliance partners, questioning the lack of coordination despite the stated objective of defeating the BJP and safeguarding democratic values.

Samajwadi Party MP Rajeev Rai disagreed with the “life support” analogy, saying electoral defeats are part of politics and should not demoralise opposition forces. He cautioned that internal pessimism only serves the BJP’s interests.

BJP targets opposition unity

The BJP seized on the comments to attack the opposition bloc’s unity. Senior leader Shahnawaz Hussain dismissed the INDIA alliance as defunct, claiming it lost relevance after the Lok Sabha elections and lacks leadership and a clear policy direction.

Abdullah’s latest clarification on the ‘vote chori’ campaign reinforces the visible differences within the opposition alliance, even as its constituents continue to debate strategy and coordination ahead of future political battles.

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Nitin Nabin terms BJP working president role a party blessing, thanks leadership

BJP national working president Nitin Nabin has termed his appointment a blessing of the party, thanking its leadership and pledging to work on the ideals of his late father.

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Nitin Nabin

Newly appointed BJP national working president Nitin Nabin on Monday described his elevation as a blessing bestowed by the party and expressed gratitude to its top leadership for placing faith in him.

Speaking to reporters in Patna after paying floral tributes to a statue of his late father, former BJP MLA Nabin Kishor Prasad Sinha, the Bihar minister said he would continue to work on the principles he inherited from his family and the organisation.

“I have always worked on the ideas of my father, who treated the party like his mother and put the nation above everything else. I believe that is why the party has given me this responsibility,” Nabin said. He later visited Mahavir Mandir in the city to offer prayers.

Gratitude to Prime Minister, focus on Antyodaya

Thanking Prime Minister Narendra Modi for his guidance, Nabin said development under the current leadership has reached towns and villages across the country. He added that the party has expanded its presence and emerged as a platform representing the poor.

According to Nabin, no section of society has remained untouched by the welfare initiatives of the NDA government. He said the idea of Antyodaya has now reached every corner of India, recalling the contributions of Deendayal Upadhyaya, Syama Prasad Mookerjee and Atal Bihari Vajpayee in shaping the philosophy.

On elections and party organisation

Responding to questions on upcoming elections, including in West Bengal, Nabin said BJP workers remain active at all times. He remarked that unlike other parties, BJP cadres work round the year and remain prepared in every state.

At 45, Nabin is a five-time MLA from the Bankipur assembly constituency and has served twice as a minister in the Bihar government. He comes from an RSS background and is currently part of the Nitish Kumar-led state cabinet.

A generational shift in the party

Nabin’s appointment as national working president on Sunday was seen as a significant organisational move. The position, though not mentioned in the party constitution, has earlier served as a transition role before elevation to the top post.

Prime Minister Modi publicly endorsed the decision, describing Nabin as a hardworking and grounded leader with strong organisational experience. Party leaders have projected the move as part of a generational shift, with Nabin expected to follow a trajectory similar to that of the current national president, who had earlier served as working president before taking charge of the organisation.

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