Connect with us
Tuesday,04-March-2025
Breaking News

National News

Supreme Court Refuses To Grant Marriage Equality Rights To LGBTQIA+ Community In India

Published

on

New Delhi: A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages.

Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments — by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha — in the matter. Justice Hima Kohli is also a part of the five-judge bench.

Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.

Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples.

“Non-heterosexual and heterosexual unions must be seen as both sides of same coin,” he said, adding that legal recognition of non-heterosexual unions is step towards marriage equality.

Justice Bhat, who read out the operative portion of his verdict, said he agrees and differs with views of the CJI on certain points. Delivering his verdict on the critical issue, the CJI said it is for Parliament to decide whether there is need for a change in the regime of the Special Marriage Act.

“This court can’t make law. It can only interpret it and give effect to it,” he said.

Justice Chandrachud said the court has recorded Solicitor General Tushar Mehta’s statement that the Centre will form a committee to decide the rights and entitlements of persons in queer unions.

While reading out the operative portion of his verdict, he directed the Centre, states and UTs to take steps to sensitise public about queer rights and ensure that inter-sex children are not allowed sex-change operations at an age they cannot fully comprehend consequence.

CJI Orders Police To Conduct Initial Enquiry Before Filing FIR Against Queer Couple

The CJI directed the police to conduct preliminary enquiry before registering an FIR against queer couple over their relationship.

He said homosexuality or queerness is not an urban concept or restricted to the upper class. To imagine queer as existing only in urban spaces would be like erasing them and queerness can be regardless of one’s caste or class, Justice Chandrachud said. He said it would be incorrect to state that marriage is a “static and unchanging institution”.

Justice Chandrachud said the ability to choose a life partner goes to the roots of the right to life and liberty under Article 21 of the Constitution.

The right to enter into a union includes the right to choose a partner and its recognition, the CJI said, adding that failure to recognise such an association would be discriminatory. “All persons, including those queer, have right to judge moral quality of their lives,” he said.

The CJI said this court has recognised that equality demands that queer persons are not discriminated against. He said the law cannot assume that only heterosexual couples can be good parents as it would amount to discrimination against queer couples.

Adish Aggarwala, chairman of All India Bar Association spoke to the media shortly after the apex court pronounced the verdict. “I welcome the decision of the honourable Supreme Court in which they have not permitted the same-sex marriage,” said Adish Aggarwala, chairman of All India Bar Association, on the Supreme Court’s verdict on same-sex marriage.

SC’s 10-Day Marathon Hearing In May

On May 11, the bench reserved its verdict on the pleas after a marathon hearing of 10 days. During the arguments, the Centre had told the apex court that any constitutional declaration made by it on the petitions seeking legal validation for same-sex marriage may not be a “correct course of action” as the court will not be able to foresee, envisage, comprehend and deal with its fallout.

The apex court had commenced hearing arguments in the matter on April 18. The bench had made it clear during the arguments that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not “an absolute based on genitals”.

Some of the petitioners had urged the apex court to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a “dignified” life like heterosexuals.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

On May 3, the Centre had told the court it will constitute a committee headed by the cabinet secretary to examine the administrative steps that could be taken for addressing “genuine humane concerns” of same-sex couples without going into the issue of legalising their marriage.

On April 27, the court asked the Centre whether social welfare benefits such as opening joint bank accounts, nominating a life partner in provident fund, gratuity and pension schemes can be extended to same-sex couples without going into the issue of legal sanction to their marriage.

National News

Mayawati blasts decision to remove loudspeakers from religious places

Published

on

Lucknow, March 4: Bahujan Samaj Party (BSP) supremo Mayawati on Tuesday criticised the Uttar Pradesh government’s decision to remove unauthorised loudspeakers from religious places during Ramzan, urging authorities to treat all religions equally and without bias.

Taking to X, Mayawati wrote, “India is a secular country that respects all religions. In such a situation, the central and state governments should treat the followers of all religions equally without any bias, but the step-motherly attitude being adopted with Muslims even in religious matters is not justified.”

She further stressed that rules regarding restrictions and exemptions for religious festivals should be implemented fairly across all faiths.

“The rules and regulations related to restrictions and exemptions for festivals of all religions should be implemented equally without any bias, which does not seem to be happening,” she stated.

The BSP chief warned that such selective enforcement could disturb peace and harmony in society. “It is natural for peace and harmony in the society to deteriorate due to this, which is a matter of great concern. Governments must pay attention to this,” she added.

Ramzan, which began in India on Sunday, marks a month-long period of fasting and special prayers for Muslims. The celebrations are also underway in several other countries following the sighting of the crescent moon.

Throughout the month, Muslims observe fasts from early morning until sunset and participate in special evening prayers known as Tarawih, where the entire Quran is recited.

Meanwhile, the Uttar Pradesh administration has launched a crackdown on loudspeakers exceeding prescribed noise levels at all religious sites.

The police have been strictly enforcing the directive, prompting Muslim religious leaders to demand concessions for the use of loudspeakers during Ramzan.

Continue Reading

National News

Sambhal: Hearing today in Allahabad HC on Shahi Jama Masjid case

Published

on

New Delhi, March 4: The Allahabad High Court will hear the petition related to the Shahi Jama Masjid in Sambhal on Tuesday. The case, which has drawn significant attention, will be heard by a bench of Justice Rohit Ranjan Agarwal at 10 a.m.

The mosque management committee has filed the petition requesting permission to whitewash the mosque premises ahead of Ramzan, a matter that has sparked considerable debate in recent months.

During today’s hearing, the Archaeological Survey of India (ASI) team will submit a report on the cleanliness of the mosque. The ASI was previously directed by the court to inspect the mosque and ensure its cleanliness. In addition, the legal representatives of the mosque committee will file a reply in response to the ASI’s report.

In response to a plea from the mosque management committee, the court had earlier issued a directive on Friday, instructing the ASI to clean the premises of the Shahi Jama Masjid but stopped short of ordering the whitewashing of the mosque before Ramzan. The court also ordered the ASI to appoint a team of three officers to inspect the mosque and submit their findings.

This case remains a focal point of legal, historical, and communal discussions, with its resolution likely to have a significant impact on both the region’s religious dynamics and its legal landscape. The developments will be closely followed by both local communities and legal observers.

The dispute surrounding the mosque stems from a claim that the Shahi Jama Masjid was constructed after the demolition of the historic Harihar Temple, which some believe was located at the same site.

The controversy surrounding the mosque’s origins escalated following a court-ordered survey of the mosque on November 24, 2024. The survey led to violent clashes, with four people losing their lives, further intensifying the sensitive religious and historical dispute.

Continue Reading

Entertainment

SC permits Ranveer Allahbadia to resume airing his shows

Published

on

New Delhi, March 3: The Supreme Court on Monday permitted popular YouTuber Ranveer Allahbadia to resume airing his podcast on the condition that he will maintain the “standards of decency and morality”.

Allahbadia and several other YouTubers, including Ashish Chanchlani and Apoorva Mukhija, have been embroiled in the controversy for vulgar and crass comments made during an episode of Samay Raina’s ‘India’s Got Latent’ show.

A bench of Justices Surya Kant and N. Kotiswar Singh relaxed an earlier condition which had prohibited Allahbadia or his associates from airing any show on YouTube or any other audio/video visual mode of communication till further orders.

During the hearing, the Justice Kant-led Bench asked the Solicitor General Tushar Mehta, the second highest law officer of the Centre, to consider regulating the content in online media.

“We don’t want any regulatory regime which leads to censorship, but it can’t be a free for all,” it said.

The apex court clarified that Allahbadia’s shows should not comment upon the proceedings which are sub-judice.

Earlier, on February 18, the top court had stayed Allahbadia’s arrest subject to the condition that he would join the investigation, as and when summoned by the Investigating Officers.

“The interim protection against arrest is granted further subject to the condition that the petitioner will extend full cooperation to the ongoing investigation,” it had ordered.

The Supreme Court had added that no further FIR would be registered against Allahbadia on the basis of the episode aired on the show ‘India’s Got Latent’, for which two-three FIRs have already been registered.

Amid the controversy, Samay Raina had removed all videos of the show from YouTube, asserting that his intention was only to entertain and make people laugh.

Several complaints seeking legal action have been filed against popular YouTubers Samay Raina, Ranveer Allahabadia, Ashish Chanchlani, and Apoorva Mukhija over allegedly obscene and offensive remarks about parents in the comedy show ‘India’s Got Latent’.

As the legal proceedings unfold, the incident has sparked a broader debate about the limits of comedy and the responsibility of content creators on digital platforms.

Continue Reading

Trending