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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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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.

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Tihar jail extortion case: MHA sanctions CBI inquiry against AAP leader Satyendar Jain

Satyendar Jain and former Tihar Jail DG Sandeep Goel were accused of running an extortion racket from Tihar and demanding protection money from high profile inmates

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In another setback for the Aam Aadmi Party (AAP), the Ministry of Home Affairs accorded sanction for a Central Bureau of Investigation (CBI) inquiry against Satyendar Jain, jailed AAP leader, for allegedly extorting Rs 10 crore from conman Sukesh Chandrashekhar as protection money. 

Satyendar Jain and former Tihar Jail DG Sandeep Goel were accused of running an extortion racket from Tihar and demanding protection money from high profile inmates allegedly. The development follows as Delhi chief minister and AAP convener Arvind Kejriwal is in Enforcement Directorate (ED) custody in connection with the alleged liquor policy scam.

Earlier, Delhi Lieutenant Governor Vinai Kumar Saxena sanctioned the CBI inquiry into extortion charges against Satyendar Jain. In a letter seeking the LG’s nod to probe the extortion charges, the CBI in November last year wrote that Satyendar Jain was accused of running a high-profile extortion racket from Tihar Jail and demanding Rs 10 crore as protection money from Sukesh Chandrashekhar to enable him to live peacefully and comfortably in jail.

The aforesaid allegations were made by the conman who said Satyendar Jain extorted money in various tranches during 2018-21, either personally or through his accomplices to enable Chandrashekar to live comfortably in different jails of Delhi namely Tihar, Rohini and Mandoli.

AAP leader Satyendar Jain was arrested in May 2022 under the Prevention of Money Laundering Act. Jain’s last bail plea was dismissed by the Supreme Court on March 18 this year and the top court asked him to surrender in connection with the money laundering case. The AAP leader was given an interim medical bail on May 26, 2023 after he fell in the jail bathroom. Jain underwent a spinal operation during his bail period.

Beside Satyendar Jain, AAP leaders Manish Sisodia, Sanjay Singh, and Vijay Nair are also in Tihar Jail.

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Rahul Gandhi warns ED, CBI of strong action whenever government changes

The Congress leader’s statement follows after the Income Tax department’s fresh notices asking the party to pay Rs 1,823.08 crore.

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Rahul Gandhi on Friday accused central agencies of working at the behest of the BJP-led government at the Centre and warned them that strict action will be taken against these institutions when the government changes.

The senior Congress leader asserted that if the institutions had done their jobs properly there would have been no problem. He added that these agencies should think that some day the BJP government will change and after that there will be action. He further said that it is his guarantee that the action will be so strong that no institution will dare to do such things again.

Taking to social media platform X, Rahul Gandhi wrote that when the government changes, action will definitely be taken against those who destroyed the democracy. Mentioning that it is his guarantee, Rahul Gandhi said that such actions will be taken that no one will dare to do all this again.

Congress leader Rahul Gandhi’s statement follows after the income tax department’s fresh notices asking the party to pay Rs 1,823.08 crore. The party has accused the ruling BJP of indulging in tax terrorism to financially cripple the opposition party ahead of Lok Sabha polls.

While addressing a press conference at the AICC headquarters along with Congress general secretary Jairam Ramesh, party treasurer Ajay Maken alleged that the BJP is in serious violation of income-tax laws. He said the I-T department should raise a demand of Rs 4,617.58 crore from the saffron party for such violations.

Ajay Maken said that the income-tax returns filed by Congress for eight years have been reopened on baseless and manufactured grounds to levy illegal I-T demand orders totalling thousands of crores of rupees. He stated that the timing of the I-T department’s action in February and March, days before and even days after the Lok Sabha election were announced on March 16, speaks for itself about the mala-fide nature of these actions.

Furthermore, the opposition party will hold nationwide protests over the weekend against fresh income tax demand of over Rs 1,800 crore, which it has described as an egregious attack on democracy and imposition of tax terrorism amid the upcoming Lok Sabha elections.

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Jammu and Kashmir: 10 killed as taxi rolls into gorge at Ramban, PM Modi announces ex-gratia of Rs 2 lakh

Ramban deputy magistrate said that it was pitch dark and raining heavily when the accident occurred near Battery Chashma around 1.15am.

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In an unfortunate incident, ten passengers were killed when a taxi veered off the road amid heavy rain and fell into a gorge in Ramban district on the Jammu-Srinagar national highway early on Friday.

Baseer-ul-haq, Ramban deputy magistrate said that it was pitch dark and raining heavily when the accident occurred near Battery Chashma around 1.15am. He added that while the vehicle, believed to be a Chevrolet Tavera, has not been traced yet, 10 bodies have been recovered from the steep slope from where it went down 500 metres.

Police along with quick reaction teams, the local tehsildar, assistant commissioner, revenue, and other officials were at the spot supervising rescue work. Reports said that two identity cards were recovered from two bodies. 

The bodies were identified as taxi driver Balwan Singh, 47, of Amb Gharota in Jammu district, and Vipin Mukhiya, of Bhairagang in West Champaran district of Bihar. The identified bodies were taken to Ramban district hospital. Police asserted the taxi was on its way to Kashmir from Jammu.

Expressing grief over the accident in Ramban, Prime Minister Narendra Modi announced an ex-gratia of Rs 2 lakh from PMNRF, which would be given to the next of kin of each deceased. Furthermore, the injured would be given Rs 50,000.  PM Narendra Modi also extended condolences to the bereaved families and prayed for a quick recovery of the injured. 

Taking to social media platform X, President Droupadi Murmu said that the news of many people getting killed after a vehicle fell into a ditch in Ramban area on Jammu-Srinagar National Highway is very sad. She also offered condolences to the bereaved families.

Earlier, Jammu and Kashmir police shared on social media platform that a passenger taxi rolled down a deep gorge on the Jammu-Srinagar national highway near Battery Chashma in Ramban area. It added that Police, SDRF and civil QRT Ramban reached on spot, rescue operation is going on.

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