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5-judge Constitution Bench to decide fate of same-sex marriages from April 18, proceedings to be live-streamed: Supreme Court

A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday

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same-sex marriages

A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, which today heard the combined pleas seeking the legalization of the gay marriages under the Special Marriage Act in the country said that a constitution bench of five judges would on April 18 further decide the fate of such matrimonies.

Noting that the issue was of “seminal importance” and any decision on the same would have a huge impact on the Indian society and will impact entire social fabric as a whole, the apex court noted Article 145(3) mandates that such a matter of law, which requires interpreting the constitution, must be decided by a five-judge Constitution bench of the Supreme Court.

The Centre has opposed the pleas arguing that gay marriages are incompatible with the “Indian family unit” consisting of a husband, a wife and their children which inevitably presupposes a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the wedlock reared by the biological man as father and the biological woman as mother.

The BJP-led central government, in its affidavit filed before the top court, said that the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under Indian laws despite consensual gay being decriminalized in the Supreme Court’s landmark 2018 judgement.

The government further argued that legalizing gay marriages would wreck the delicate balance between personal laws and accepted societal values in the country. Law Minister Kiren Rijiju, Monday, noted that the institution of marriage is a matter of policy, even though doesn’t disturb personal freedom and activities of individuals.

Representing the Centre, Solicitor-General Tushar Mehta argued that giving legal status to gay marriages would trigger legal issues as marriage is a contract between a biological male and biological female in every major religion, not just among Hindus, but also in Islam.

The Centre’s council raised the legal status of adoption by a gay couple saying that the Parliament will have to examine will of the people and child’s and decide whether it can be raised in a such environment.

He said that the Parliament will have to factor in societal ethos while taking such a decision.

However, CJI Chandrachud retorted that the adopted child of a gay or lesbian couple does not have to be a gay or lesbian solicitor.

On January 6, the apex court had transferred and clubbed to itself, all such pleas pending in different high courts, including the Delhi High Court.

In its January 6 order, it had asked Advocate Arundhati Katju—representing the petitioners—and the Central government’s counsel, to prepare together a common compilation of the written submissions, documents and precedents on which reliance would be placed during the course of the hearing.

The petitioners’ counsel had requested the Supreme Court bench to transfer all such cases itself for an authoritative pronouncement on the issue and that the Centre can file its response in the top court.

Earlier, on January 3, the Supreme Court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court.

The Supreme Court had in December last year sought the Centre’s response to two pleas seeking a transfer of the petitions pending in the Delhi High Court for directions to recognize same-sex marriages to itself.

Earlier on November 25 last year, the top court had sought the Centre’s response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

A bench headed by CJI Chandrachud, who was also part of the Constitution bench that decriminalised consensual gay sex in its 2018 landmark judgement, issued a notice to the Centre in November last year, besides seeking Attorney General R Venkataramani’s assistance in dealing with the pleas.

The petitions have sought a direction that the right to marry a person of one’s choice be extended to LGBTQ (lesbian, gay, bisexual, transgender and queer) people as part of their fundamental right. One petition seeks a reinterpretation of the Special Marriage Act, 1954 in a gender-neutral manner where a person is not discriminated against due to his sexual orientation.

On September 2018, a five-judge Constitution bench of the Supreme Court, issued a landmark judgement wherein it decriminalized consensual gay sex among adults. It struck down a part of the British-era penal law under Article 377, on grounds that it violated the constitutional right to equality and dignity.

In its pathbreaking judgement, the apex court ruled that section 377 of the Indian Penal Code (IPC) that criminalised consensual gay sex was “irrational, indefensible and manifestly arbitrary”. The top court had said that the 158-year-old law had become an “odious weapon” to harass the LGBTQ community by subjecting its members to discrimination and unequal treatment.

Bihar news

Mokama shootout case: Former Bihar MLA Anant Singh surrenders, sent to jail

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

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Former Bihar MLA Anant Singh surrendered to a Barh court on Friday, facing charges related to a shootout on the outskirts of Patna. The incident, which occurred Wednesday evening, involved an alleged attack on Singh’s convoy by the notorious Sonu-Monu gang. The ensuing exchange of gunfire, according to eyewitness accounts, involved a significant volume of shots – estimates ranging from 60 to 70 rounds, though police reported a lower figure of 16-17.

Remarkably, Singh escaped unharmed. Following his surrender, he was remanded to Beur jail. Patna Senior Superintendent of Police (SSP) Awkash Kumar confirmed the surrender and the filing of three separate FIRs concerning the incident.

The shootout unfolded amidst a backdrop of escalating tensions in Mokama, a region with a history of violent crime and political rivalry. The involvement of the Sonu-Monu gang, known for its criminal activities, added a layer of complexity to the already volatile situation.

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

Adding to the escalating tension, another shooting incident was reported on Friday in Hamza village, under the jurisdiction of Panchmahal police station in Mokama. Three spent cartridges were found near Mukesh Singh’s house, prompting an immediate investigation.

Senior police officials were deployed to the scene to assess the situation and gather evidence. The timing and location of this second incident suggest a possible connection to the previous day’s events, raising concerns about further escalation of violence.

Police have apprehended two suspects, Sonu and Roushan, in connection with Wednesday’s shooting. Investigations suggest that the Sonu-Monu gang specifically targeted Mukesh Singh, a former associate of the gang who had allegedly sought protection and assistance from Anant Singh. This suggests a complex network of allegiances and betrayals within the criminal underworld of Mokama.

Anant Singh, a controversial figure with a history of both political success and criminal accusations, has been a prominent figure in Mokama’s political landscape for years. His past includes a conviction in 2020 related to the recovery of an AK-47 rifle and other weapons from his ancestral home, resulting in his disqualification from the assembly.

However, he was acquitted of these charges in August 2024. His wife, a former MLA, recently shifted her political allegiance from the RJD to Chief Minister Nitish Kumar’s JD(U), further complicating the political dynamics of the region.

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Bollywood news

FIR filed against Shreyas Talpade, Alok Nath, 11 others in cheating case in Haryana

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

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Bollywood actors Shreyas Talpade and Alok Nath find themselves embroiled in a significant legal controversy, named as accused in a cheating and breach of trust case registered at the Murthal police station in Sonipat, Haryana.

The First Information Report (FIR), filed on January 22, lists the two prominent actors among thirteen individuals charged under Sections 316 (2), 318 (2), and 318 (4) of the Bharatiya Nyaya Sanhita. These charges encompass criminal breach of trust, cheating, and the fraudulent transfer of property.

The complainant, Sonipat resident Vipul Antil, levelled accusations against the Human Welfare Credit Cooperative Society, registered in Indore under the Multi-State Cooperative Societies Act of 2002. Antil alleges that the society, active across multiple states, including Haryana, since September 16th, 2016, lured investors with promises of exorbitant returns on fixed deposits (FDs) and recurring deposits (RDs).

The society employed a multi-level marketing strategy, incentivizing agents to recruit additional investors, creating a pyramid scheme structure that ultimately led to widespread financial losses.

Ajeet Singh, the Additional Commissioner of Police (ACP) in Murthal, confirmed the inclusion of Talpade and Nath’s names in the list of accused, based on statements provided by the complainant. Singh clarified that the primary focus of the investigation remains the alleged fraudulent activities of the cooperative society, and the police are currently working to determine the specific roles, if any, played by Talpade and Nath in the alleged scheme. The investigation will delve into the extent of their involvement and whether they directly benefited from the alleged fraudulent activities.

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

Shreyas Talpade’s most recent cinematic appearance was in Kangana Ranaut’s directorial debut, Emergency, a historical drama set during India’s tumultuous Emergency period from 1975 to 1977. Alok Nath, a veteran Bollywood actor, boasts a prolific career spanning over three decades and encompassing over 300 films, establishing him as a familiar face in Indian cinema. The unfolding investigation will determine the extent of their involvement in this complex financial crime and the consequences they may face.

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India News

BPSC results out: Aspirants react as controversy, protests over paper leak persist

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BPSC aspirants ask Prashant Kishore to step back from protest site, political strategist-turned-politician responds

The Bihar Public Service Commission (BPSC) declared the results for the 70th Combined Competitive Exam (CCE) on January 23, 2025. In the hours following the announcement, reactions to the results and the subsequent developments have continued to unfold, with protests, legal challenges, and debates surrounding the exam process showing no sign of abating.

21,581 candidates clear, but tension persists

While 21,581 candidates cleared the preliminary exam, questions remain about the legitimacy of the results. Legal challenges have already been initiated, with petitions filed in the Patna High Court questioning the integrity of the examination process, particularly regarding the status of those who were debarred due to alleged malpractice. The court’s involvement could still alter the final list of successful candidates.

Political impact and ongoing reactions

The protests have also drawn political figures into the fray. Prashant Kishor, leader of the Jan Suraj Party, joined the demonstrations and went on an indefinite hunger strike starting January 2, showing solidarity with the aspirants. His involvement and calls for action have added a political dimension to the controversy, which is now under the scrutiny of Bihar’s government.

Bihar Governor Arif Mohammad Khan recently met with a delegation of aspirants to hear their grievances and assured them that steps would be taken to address their concerns. The Governor also appealed to Prashant Kishor to end his fast, citing health concerns.

Looking ahead: What’s next for the 21,581 pass candidates?

For the candidates who have successfully passed the prelims, the main examination is the next step. However, the future of the recruitment process remains uncertain, with protests, petitions, and public calls for reforms still ongoing. The uncertainty surrounding the exam’s integrity and the lack of clarity on future steps means that the exam’s aftermath will likely continue to dominate discussions.

As the BPSC navigates the fallout from this highly contentious exam, it faces increasing pressure to restore public trust and ensure that future recruitment processes are conducted with the highest standards of fairness and transparency.

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