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Pride Month 2022: A timeline of India’s LGBTQ movement’s struggle against Section 377

In India, homosexual intercourse was declared an unnatural and a criminal offence under Chapter 16, Section 377 of the Indian Penal Code, 1860.

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Pride Month 2022

Humans, unapologetically humans!

June is here and so is Pride Month. Every year, the LGBTQ community across the globe come together to celebrate their existence and sexuality in the month of June which is referred to as Pride Month.

LGBTQI is an abbreviation for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex community. Over the year, the movement has gained wide recognition and has also witnessed celebrities coming out and extending their support to the community. However, the debate on the legal rights of the LGBTQ community continues.

Pride Month

Pride Month began in 1969 when the gay rights parade in New York City met with resistance from the NYPD. This triggered the first pride parade on June 28. The parade took place to make people aware of their rights, choices, and struggles of the LGBTQI community.

In India, homosexual intercourse was declared an unnatural and a criminal offence under Chapter 16, Section 377 of the Indian Penal Code, 1860. Even after independence, homosexuality remained a criminal offence.

A timeline of India’s LGBTQ movement’s struggle against Section 377

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On November 26, 1949, the Indian Constitution came into effect which introduced Article 14, the right to equality, Article 15, the prohibition of discrimination based on religion, caste, race, sex or place of birth, and Article 21, the right to privacy and personal dignity to all citizens. These articles speak about equality, privacy, and discrimination yet homosexuality remained a criminal offence in India.

In July 2009, the Delhi High Court made a landmark decision and Justice Shah and Justice S Muralidhar struck down Section 377 of the IPC. However, on December 11, 2013, the Supreme Court overturned the decision ruled out by the Delhi High Court and stated that amending or repealing Section 377 should be looked upon by the Parliament and not the judiciary.

On January 28, 2014, the Supreme Court dismissed a review petition filed by the Central Government, NGO Naz Foundation and others and ordered to reconsider the December 11 verdict on Section 377 of the Indian Penal Code. However, a two-judge bench passed the popular National Legal Services Authority (NALSA) judgement by which the transgender community were given the right to be called the third gender.

On December 18, 2015, the senior Congress leader, Shashi Tharoor, introduced a Bill to Lok Sabha for the decriminalisation of Section 377. But, the Bill was rejected by the house by a vote of 71-24.

On February 2, 2016, the Supreme Court and a five-judge bench reviewed a petition by Naz Foundation.

In 2018, the Supreme Court reconsidered its 2013 decision on homosexuality. On July 10, a five bench led by Justice Dipak Misra and comprising of Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Indu Malhotra began hearing petitions that challenged Section 377. The petitioners argued that section 377 violated fundamental rights mentioned in the Indian Constitution.

It was on September 6, 2018, when the Supreme Court made a historic decision to strike down Section 377 and decriminalised homosexuality. India finally bid adieu to the 150-year-old rule.

Cut to 2022, the struggle of the LGBTQ+ community continues.

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Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

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Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

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CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

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The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

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PM Modi’s Instagram reel on exam paper leaks crosses record 303 million views amid Jantar Mantar protests

Prime Minister Narendra Modi’s direct video address addressing exam paper leaks has crossed 303 million views on Instagram amid student demonstrations at Jantar Mantar.

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Prime Minister Narendra Modi has crossed a global digital milestone, with a single Instagram reel gathering over 303 million views within a 24-hour period. The massive social media turnout eclipsed the previous global record of 300 million views. The digital milestone unfolded against the backdrop of ongoing demonstrations by thousands of youth and student protesters gathered at New Delhi’s Jantar Mantar demanding systemic reforms and accountability following examination malpractices.

Following the high engagement on his initial post, the Prime Minister released a follow-up video message titled “Thank you friends” to express gratitude to young citizens for their constructive suggestions and feedback.

Late-night message addresses student concerns

The record-breaking digital engagement began with a rare late-night selfie video posted by Prime Minister Modi. In the clip, he directly addressed public anxieties regarding examination paper leaks and promised strict executive action against offenders.

By utilizing a direct video format aimed at connecting with younger demographics, the Prime Minister emphasized that the administration treats competitive exam malpractices with extreme seriousness rather than as a minor issue.

Cabinet plans fast-track courts and strict penalties

Detailing actions undertaken over the preceding two and a half months, the Prime Minister stated that the primary objective of the administration has been protecting candidates from losing an academic year. He highlighted the extensive administrative coordination required to arrange re-examinations swiftly for affected candidates.

Furthermore, Prime Minister Modi announced that the Union Cabinet will move forward with a strict legal framework. The proposed measures include establishing fast-track courts and imposing harsh penalties on individuals or criminal syndicates involved in leaking examination papers.

The initial late-night communication generated a surge of approximately one million new followers on the Prime Minister’s profile overnight. In his follow-up statement, PM Modi appreciated the active dialogue created among the youth, remarking that citizen engagement helps strengthen governance.

“This love of yours will remain, and our bond will continue to connect with even more vibrancy,” the Prime Minister stated, thanking supporters for their active involvement.

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