No legal recognition for same-sex marriages, rules SC, leaves it to Parliament

News Network
October 17, 2023

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New Delhi, Oct 17: The Supreme Court on Tuesday passed judgement that it could not legally recognise same-sex marriages, after hearing a batch of pleas seeking legal sanction for the same. The apex court put the onus on the Parliament to frame the necessary laws.

The court ruled that the right to enter union cannot be restricted on the basis of sexual orientation.

"The Union Govt, State Govts and UTs shall not discriminate against the right of the queer community to enter into union", CJI D Y Chandrachud said.

"Failure of State to recognise the bouquet of rights flowing from a queer relationship amounts to discrimination", the court observed.

While adding "Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws", the court continued that unmarried couples, including queer ones, can jointly adopt a child.

"This court cannot make law, it can only interpret it and give effect to it," the CJI said, while passing judgement. He had started by saying there were four judgements in the case, one from him, and the others from the Supreme Court bench hearing the matter.

"There is a degree of agreement and a degree of disagreement on how far we have to go", the CJI said.

He added, "Queerness can be regardless of one's caste or class or socio-economic status", leading up to the judgement.

The CJI continued that marriage as an institution has metamorphosed over time.

Chandrachud further said that if the apex court held "Section 4 of Special Marriage Act is unconstitutional because of being under-inclusive" it has to either strike it down or read it down.

The CJI noted "The right to enter into Union includes the right to choose one's partner and the right to recognition of that union", adding that "failure to recognize such associations will result in discrimination against queer couples."

The Solicitor General has already said that the Union would set out a committee to examine rights which can be conferred to such a couple.

The right to choose a partner goes to the very root of the right to life and liberty under Article 21, the CJI observed.

Stating that the gender of a person is the not the same as their sexuality, the CJI said "A transgender person is in a heterosexual relationship, such a marriage is recognised by the law. Since a transgender person can be in a heterosexual relationship, a union between a transman and a transwoman or vice versa can be registered under Special Marriage Act (SMA)."

The court also recognised that queer people cannot be discriminated against. The CJI said that material benefits and services that heterosexual couples get cannot be denied to queer couples, since that would be a violation of their fundamental rights.

Speaking on adoption rights, the CJI noted that neither can one assume unmarried couples are not serious about their relationship. He added, "There is no material on record to prove that only a married heterosexual couple can provide stability to a child."

Chandrachud also declared that stating only heterosexual couples can be good parents, is a violation of Article 15, since it is discriminatory.

"The CARA circular (which excludes queer couples from adoption) is violative of Article 15 of the Constitution", he said.

"CARA Regulation 5(3) indirectly discriminates against atypical unions. A queer person can adopt only in an individual capacity. This has the effect of reinforcing the discrimination against queer community", he added.

The CJI then directed the Union governments, state governments, and UTs to not discriminate against the queer community.

He also directed them to ensure no discrimination exists in access to goods and services.

Chandrachud added a few more directives including - sensitising public about queer rights, creating hotline for queer community, creating safe house for queer couples, ensuring inter-sex children are not forced to undergo operations, no person shall be forced to undergo hormonal therapy.

He also said queer community should not be harassed by being called to the police station to be asked about their sexual identity. The police cannot force queer couples to return to their natal families either, the CJI directed.

"Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship", he further said.

A five-judge bench including Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, and led by CJI D Y Chandrachud had begun hearing the matter from April 18.

The bench, after rigorous deliberation, reserved its judgement on May 11, 2023, setting the stage for a verdict that will greatly impact the LGBTQIA+ community in the world's largest democracy.

The apex court confined the case to the Special Marriage Act of 1954 and issued a clarification that it would not be dealing with personal laws or the Hindu Marriage Act. 

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News Network
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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News Network
November 11,2024

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Mangaluru: In a deeply tragic turn of events, a 28-year-old woman named Ranjitha, who had recently given birth but tragically lost her newborn, ended her life by suicide on Monday. She reportedly leapt from the fourth-floor window of Lady Goschen Hospital’s luggage room.

Ranjitha, whose strength and resilience had carried her through a difficult pregnancy, was scheduled for discharge on Monday. Her journey to Lady Goschen Hospital began on October 24, when she was transferred from Karkala. She was a high-risk patient, battling both hypertension and diabetes. At the time of her admission, she was just 27 weeks pregnant.

Due to the complexities of her health, doctors made the difficult decision to perform an emergency C-section on October 30. She delivered a baby girl, premature and weighing only 960 grams. The newborn was immediately moved to the Neonatal Intensive Care Unit, where doctors did all they could. Despite these efforts, the baby passed away on November 3.

Ranjitha’s sorrow was profound. She stayed under hospital care even after her initial recovery and was preparing to go home on November 9. She had even requested a couple more days at the hospital, seeking time perhaps to cope with her unimaginable grief.

On the day of her discharge, a discharge card ready and her family eagerly waiting to take her home, Ranjitha reportedly made her way to the luggage room in the early hours. There, standing on a cot placed for patients' family members, she climbed to a window and fell from the fourth floor. Despite the attempts of another visitor to intervene, tragedy was inevitable. She was rushed to Government Wenlock Hospital, where doctors confirmed the worst—she was no more.

Dr. Durgaparasad M R, the Medical Superintendent at Lady Goschen Hospital, shared his grief and spoke of the ongoing investigation. A post-mortem is to be conducted, and the local Tahsildar will complete the necessary inquest procedures. Ranjitha’s exact reasons for taking this step are yet to be confirmed, though the weight of her recent losses paints a sorrowful picture.

If you or anyone you know is struggling emotionally, please remember that help is available. Reach out to mental health experts who can provide support and guidance. The toll-free helpline number 9152987821 is available to assist anyone in distress.

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News Network
November 22,2024

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Bengaluru, Nov 22: For the second day running, the Karnataka BJP on Friday staged a statewide protest condemning the government’s alleged move to notify land of farmers as Waqf property.

The BJP staged a protest before the offices of Deputy Commissioners at district headquarters.

The BJP leaders are vehemently demanding that the state government cancel a 1974 Gazette notification in this regard.

The agitators are also demanding scrapping of the Waqf Board and the resignation of Chief Minister Siddaramaiah and Minister for Waqf and Housing Zameer Ahmad Khan.

The BJP MLAs, MLCs, MPs gathered in the premises of Freedom Park and staged a protest under the leadership of Leader of Opposition R. Ashoka and slammed the state government.

MLA T.S. Srivatsa led the protest in Mysuru and hundreds of party workers and farmers staged the protest under the leadership of former MP Pratap Simha in Kodagu.

Former MP Sumalatha Ambareesh led the agitation in Mandya.

This was the first time that Sumalatha took part in the party’s programme after the Lok Sabha elections.

State President B.Y. Vijayendra claimed, “The Congress government in Karnataka is issuing notices to farmers claiming the ownership of their lands to the Waqf Board and pushing them on the streets overnight.”

In the first week of December, three teams formed by the BJP will travel across the state and record the grievances of farmers.

“The state government is attempting to snatch away the lands belonging to temples as well,” Vijayendra alleged and added that the teams would comprise all senior leaders of the BJP.

Meanwhile, the police have taken Sri Ram Sena chief Pramod Muthalik into custody while staging a protest march to the office of Zameer Ahmad Khan in Bengaluru.

Muthalik along with Hindutva activists was planning to lay siege to Zameer’s office over the Waqf row.

The police stopped Muthalik and requested him to submit the memorandum by reaching the minister’s office in a vehicle. However, Muthalik refused to go with the police and continued his footmarch. The police took him into custody following arguments.

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