S.377 Subjects LGBT Community To Discrimination; Used As A Weapon For Their Harassment: CJI Misra

The Supreme Court on Thursday struck down the 157-year-old law which criminalized consensual homosexual acts between adults. In a unanimous decision, a five-judge Bench declared Section 377 of the Indian Penal Code unconstitutional, insofar as it criminalizes consensual sexual acts of adults in private.Chief Justice of India Dipak Misra, writing for himself and Justice AM Khanwilkar, ruled,...

Section 377 IPC: Summary Of Four Separate Judgments [Read Judgment]

A Five Judge Constitution Bench of the Supreme Court on Thursday pronounced Judgment on a batch of petitions challenging the constitutional Validity of Section 377 IPC.CJI DIPAK MISRA AND KHANWILKARReliance on the NALSA judgment to highlight connection between human rights and constitutional guarantee of right to life and liberty with dignityThe eminence of identity which has been lucently...

BREAKING: SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent [Read Judgment]

In a landmark Judgment Supreme Court of India has struck down 157 year old law which criminalizes consensual homo sexual acts between adults. The Five Judge Bench has declared Section 377 IPC unconstitutional, insofar as it criminalises consensual sexual acts of adults in private.Chief Justice Dipak Misra said it is a unanimous verdict expressed through four separate but...

SC Agrees To Hear Plea Seeking Stay On Rafale Deal Next Week

A bench headed by Chief Justice Dipak Misra agreed today to hear next week a plea seeking a stay on controversial Rafale deal between India and France.Advocate M L Sharma had moved a plea seeking an urgent hearing and was mentioned before the bench which also comprises Justices A M Khanwilkar and D Y Chandrachud today. He alleged major discrepancies in the deal.“The inter-government...

Supervise Probe In Hapur Lynching Case: SC To Hapur IGP [Read Order]

The Hapur lynching case took a new twist today when the Supreme Court directed IGP of Meerut range to supervise the ongoing probe and directed him to follow the guidelines it issued in a recent judgment on how to deal with such incidents.One person was killed and another brutally assaulted allegedly in the name of protecting cows.Samiuddin and 45-year-old Qasim Qureishi were assaulted at Hapur...

Contempt Action Without Framing Of Charges Not Sustainable : SC [Read Judgment]

"The appellant ought to succeed on the singular ground that the High Court unjustly proceeded against him without framing formal charges or furnishing such charges to him", held the SC.The Supreme Court has set aside the conviction and sentence imposed by the Delhi High Court under the Contempts of Court Act 1971, holding, inter-alia, that formal charges were not framed against the...

Breaking: Supreme Court To Pronounce Judgment On Validity Of Section 377 IPC Tomorrow

The Supreme Court will pronounce verdict on the petitions which challenged the constitutionality of the Section 377 IPC, which criminalizes homosexuality and non-penovaginal sexual acts between consenting adults.The Constitution Bench headed by CJI Misra reserved judgment on July 17, after four days of hearing. The Court expressed that it will examine whether its is permissible...

Writ Of Habeas Corpus Not Maintainable If Police Custody Is Pursuant To Judicial Order, Reiterates SC [Read Judgment]

“It was not a case of continued illegal detention but the incumbent was in judicial custody  by  virtue  of  an  order  passed by  the  jurisdictional Magistrate, which was in force, granting police remand during investigation of a criminal case.”The Supreme Court has reiterated that no writ of habeas corpus could be issued in respect of a person who was in police custody...

SC Approves NALSA Suggestion Of Minimum Rs 4 Lakh Compensation For Women Victims Of Sexual Assault; Extends It To Minors

In a significant decision, the Supreme Court today approved National Legal Services Authority’s compensation scheme for women victims/ survivors of sexual assault/other crimes-2018 as per which the minimum compensation should be Rs four lakh and said it will also extend to minor victims till a government scheme in accordance with POCSO is framed.This came in the PIL filed after the...

'You May Be Interested, But We Have To Balance Things' SC Refuses To Share NRC Coordinator's Full Report On Modalities Of SOP For Receiving Claims From Persons Not In The First Draft [Read Order]

The Supreme Court on Wednesday refused to share with the Union of India the complete report of the state coordinator for the National Register of Citizens (NRC) with regard to the modalities of the standard operating procedure in dealing with the claims of those not included in the first draft published by the state of Assam on July 30.Appearing before the bench of Justice Ranjan Gogoi...

Petition In SC Challenges Patna HC Order On Media Ban On Reporting Muzaffarpur Shelter Home Case

A petition was filed on Wednesday in the Supreme Court challenging a Patna High Court order restraining the media from reporting the investigation into the case of Muzaffarpur shelter home where several women were allegedly raped and sexually abused.The plea, which has sought a stay on the operation of the high court's August 23 order, has alleged that the order was "patently erroneous" as...

“We Live Not In A Totalitarian Regime But In A Democratic Nation”; SC Calls Upon Readers of Literature To Be More Mature, Humane And Tolerant [Read Judgment]

‘The culture of banning books directly impacts the free flow of ideas and is an affront to the freedom of speech, thought and expression.’Chief Justice Of India Dipak Misra, in a judgment authored by him dismissing a plea against Malayalam novel Meesha, has made many important observations which may play a vital role in the free speech debate in the country.CJI Misra, through his...