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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.

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SIR 2026: EC gives voters in 7 states another chance to join final rolls

The Election Commission has opened another opportunity for voters left out of the draft SIR rolls in Delhi, Maharashtra, Haryana, Andhra Pradesh, Jharkhand, Telangana and Nagaland.

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Election Commission of India

The Election Commission has given another opportunity to certain voters whose names were not included in the draft electoral rolls during the ongoing Special Intensive Revision (SIR) exercise.

The decision applies to Delhi, Maharashtra, Haryana, Andhra Pradesh, Jharkhand, Telangana and Nagaland. It covers electors who were issued Enumeration Forms but whose names were left out of the draft rolls after being marked under the ASDD categories — Absent, Shifted, Dead or Duplicate.

The move is aimed at ensuring that eligible voters get an opportunity to have their cases considered before the final electoral rolls are published. The EC has also directed officials to prevent duplicate enrolments while ensuring that eligible electors are not left out.

Lists of excluded voters to be displayed again

The Election Commission has directed officials to display booth-wise lists of voters falling under the specified categories again at the concerned polling stations.

The lists will also be made available at panchayat bhawans and urban local body offices and uploaded on the websites of the respective Chief Electoral Officers. They will mention the probable reasons why the voters’ names were not included in the draft rolls.

Fresh enumeration forms for affected voters

District election officials and Electoral Registration Officers have been asked to generate partially filled Enumeration Forms afresh through the ECINET system.

Booth Level Officers will be tasked with contacting the affected voters and helping ensure that the forms reach them. This can include physical delivery as well as communication through WhatsApp, email or SMS where contact details are available.

Voters can also download and fill their forms through the Election Commission’s website or ECINET using the same EPIC number that existed before their names were deleted from the draft roll.

What voters who have shifted need to do

The EC has made separate provisions for voters who have shifted their residence within the same state.

Such electors will not need to submit Form 8 for this process. They can submit the Enumeration Form along with a statement giving their new address and Assembly constituency, along with proof of address.

For homeless voters who do not have address documents, the Election Commission has provided for a field verification report by the Booth Level Officer to establish residence.

Forms will be verified before inclusion

The fresh submissions will not automatically result in inclusion in the electoral roll. The applications will be examined by the concerned Electoral Registration Officers under Rule 21(1) of the Registration of Electors Rules, 1960.

Forms accepted after verification will be kept separately for inclusion in the final electoral rolls under the SIR exercise.

The Election Commission has also directed state and Delhi election officials to establish monitoring mechanisms to oversee the implementation of the process and ensure that eligible electors get the opportunity to seek inclusion while duplicate entries are prevented.

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Delhi-NCR GRAP 3 imposed as pollution worsens ahead of Diwali

GRAP Stage III has been imposed across Delhi-NCR with immediate effect as Delhi’s average AQI reached 382, putting the air quality in the “Very Poor” category ahead of Diwali.

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The Commission for Air Quality Management (CAQM) has imposed Stage III of the Graded Response Action Plan (GRAP) across Delhi-NCR with immediate effect as air quality deteriorated ahead of Diwali.

The decision was taken as a precautionary measure after Delhi’s average Air Quality Index (AQI) reached 382 on Friday, placing the national capital in the “Very Poor” category. 

GRAP 3 comes into effect across NCR

The CAQM’s Sub-Committee on GRAP decided to invoke Stage III across the entire National Capital Region.

GRAP is an emergency response framework under which pollution-control measures become progressively stricter as air quality deteriorates. The four stages correspond to different levels of air pollution, with “Poor” covering AQI levels of 201-300, “Very Poor” 301-400, “Severe” 401-450 and “Severe Plus” above 450.

The Stage III decision comes less than two days before Diwali, when authorities are particularly concerned about a further deterioration in air quality.

Pollution levels remain a concern

Delhi’s average AQI of 382 indicates that pollution levels have remained high across the capital. The move to GRAP Stage III is intended to prevent further deterioration in air quality across Delhi-NCR.

The latest decision follows earlier pollution-control measures implemented under the revised GRAP framework as air quality worsened in the region. 

What GRAP means for Delhi-NCR

The GRAP framework provides for increasingly stringent measures as pollution levels rise. Stage III brings stricter restrictions than the earlier stages, particularly in areas linked to dust and emissions.

The latest CAQM decision applies across Delhi-NCR with immediate effect. Details of the measures to be enforced under the newly invoked Stage III should be followed through official directions issued by the authorities.

The development comes amid heightened concern over air pollution in the national capital region ahead of Diwali.

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Why no govt official has been named in Mahadev betting app case?

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By Neeraj Mishra

A Rs 94,000-crore betting scam took place in the country and so far the only police official taking the heat is a measly ASI. The Chhattisgarh government, the CBI and the ED would all like us to believe that a betting racket backed by hawala operators spread right up to Dubai could be run on the shoulders of an Assistant Sub-Inspector of Durg district! And all this alleged money was made within three years of operations making it the most profitable venture ever.

The fact is that big names are hiding behind the curtains pulled tight together by the investigators themselves. There is an IG rank officer, two SPs, two IAS officers and several other state police officials who have been named by sources and perfunctorily questioned with no great enthusiasm by the investigating agencies. Their political masters are protecting them both from investigations and the media.    

This Wednesday a special CBI court in Raipur granted the CBI eight-day remand of alleged kingpin Saurabh Chandrakar, who was finally extradited by Oman after months of back and forth. The CBI for some strange reason then requested the court to take Chandrakar to Delhi to which the accused’s lawyer also did not object. Since the original crime scene is in Durg and most of the possible dubious characters are in Raipur, one would assume keeping him in Chhattisgarh would have been appropriate.

But perhaps it’s a bigger ring and the CBI is also aware of the pitfalls ahead. Rs 94000 crore is a figure in the chargesheet but knowledgeable sources in the gambling racket in the state believe that  while Mahadev book was initially backed by people close to then Chief Minster Bhupesh Baghel, it was later taken over by the IPL gangs since the main source of income is the IPL season. It is estimated that more than Rs 25000 crore changed hands every season. The handlers or the Khai party easily makes almost half of it nice and clean.

Baghel’s son and some of his sidekicks have been questioned but not named in the chargesheets so far. On the day Chandrakar was being produced in Raipur court, his partner in crime Ravi Uppal was arrested in Dubai and may soon be extradited. But the way things are, no big names will come out.

It’s possible that Baghel may face the heat when the 2028 state assembly elections come around but it is also clear that the Mahadev operations have probably been taken over by some other gang backed by some powerful political bosses in India. So Chandrakar was allowed to get married in Dubai with Bollywood stars in attendance and not extradited for two years. Now that everything has been snatched from him and he is no longer an asset, he’s surrendered along with Uppal. Mahadev, believe this writer, will live on.

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