National News
Supreme Court Refuses To Grant Marriage Equality Rights To LGBTQIA+ Community In India
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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
J&K Heading For ‘Historic’ Assembly Elections Under National Flag & Constitution: Amit Shah
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Jammu, Sep 7: Union Home Minister Amit Shah on Saturday assured restoration of statehood to Jammu and Kashmir after the assembly polls, which he said are the first under the national flag and the Constitution following the abrogation of Article 370 by the Modi government.
He accused the Congress-National Conference alliance of making attempts to revive the “old system”.
The NDA government will not allow the revival of terrorism, “autonomy”, and injustice with any community including Gujjars, Pahari, Bakerwals and Dalits who were granted reservation by the BJP dispensation, he said.
Shah is in Jammu on a two-day visit to boost the BJP’s election campaign for the three-phase assembly elections, beginning September 18.
He released the party’s manifesto on his first day of visit on Friday and also chaired two crucial meetings with senior leaders to discuss the campaign strategy.
“The coming elections in J-K are historic because after Independence, the polls are happening the first time under our national flag and Constitution, unlike in the past practice of two flags and two constitutions. We have only one prime minister from Kashmir to Kanyakumari and he is Modi,” the home minister told a BJP workers’ rally here on Saturday.
Taking a dig at the National Conference-Congress alliance, Shah alleged they are trying to push Jammu and Kashmir into the fire of terrorism once again when the government has brought down terror incidents in the union territory by 70 percent.
“The National Conference and the Congress will never be able to form a government in J-K, be confident about it,” Shah told the party workers, encouraging them to ensure the success of the BJP candidates to form the next government.
National News
Chandrababu Naidu Narrowly Escapes As Speeding Train Passes Inches Away From Him During Flood Inspection In Vijayawada
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Andhra Pradesh Chief Minister N Chandrababu Naidu had a narrow escape while inspecting flood-affected areas in Vijayawada. On September 3, Naidu was on a small bridge evaluating the damage caused by recent floods when a speeding passenger train passed dangerously close to him.
Naidu, along with his security personnel and officials, was standing near the railing on a narrow platform when the train whizzed by. A video of the incident has gone viral, showing the Chief Minister and his team standing just inches away from the fast-moving train. Passengers aboard the train were seen waving at Naidu as it sped past. Fortunately, no one was injured during the incident.
Situation worsens due to heavy rains
Meanwhile, the flood situation in Andhra Pradesh has worsened due to heavy rains, claiming the lives of at least 32 people.
Vijayawada and surrounding areas have been particularly hard-hit, with thousands displaced from low-lying regions.
The NTR district, which encompasses Vijayawada, has suffered the most, with 24 fatalities. Other severely affected areas include Guntur, with seven deaths, and Palnadu, with one reported death.
More than 40,000 people have been moved to relief camps across the state as water levels continue to rise. Farmers, too, have borne the brunt of the flooding, with over 2.35 lakh farmers reporting significant crop damage due to the unrelenting rains.
In response to the crisis, Andhra Pradesh Deputy Chief Minister Pawan Kalyan has donated Rs 5 crore for flood relief. His contribution is aimed at supporting recovery efforts across the state, with 400 panchayats set to receive Rs 1 lakh each.
“I will make sure these funds are directly deposited into the panchayats’ accounts, ensuring they are used for immediate flood recovery,” said Kalyan in a statement.
The Andhra Pradesh government continues to monitor the situation closely, working to provide relief and assistance to affected areas as rains persist across the region.
National News
PM Modi To Not Address UNGA Debate This Time, Jaishankar To Represent India
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Prime Minister Narendra Modi will not be addressing United Nations General Assembly debate scheduled to take place later this year and India’s Minister of External Affairs S Jaishankar will be representing India instead on September 28. PM Modi will be travelling to New York though, to attend a major community event at Nassau Veterans Memorial Coliseum in Long Island. The event is slated to take place on September 22. PM Modi will also be attending United Nations’ ‘Summit of the Future’ on September 22-23. This summit is focused on global co-operation for challenges that await humanity.
The general debate of the 79th UNGA session is scheduled to be held between September 24 and September 30. The summit will see major world leaders addressing the world. US President Joe Biden will address the assembly as well. This will be his last address to the UNGA as president of the United States as a new president will be elected in the presidential elections slated to take place in November this year. The contest will be between Republican Party nominee Donald Trump and Democratic Party nominee Kamala Harris.
Modi’s last address to the UNGA came in September 2021. He visited UN headquarters in June 2022.
The community event in Long Island has seen registration from over 24,000 Indian-Americans. PM Modi held his first such event at Madison Square Garden in 2014. This upcoming event marks the 10-year anniversary of the event.
That registrations for PM Modi’s event came through 590 community organisations in the US. There was a huge response from the tri-state area.
PM Modi’s community outreach events in the US have in past, drawn huge crowds. Last such event was ‘Howdy Modi’ which was held in Houston in 2019. The event had witnessed enthusiastic participation from Indian-Americans.
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