Junior Digest

New Delhi, Aug 25:  The right to privacy cannot be denied to members of the LGBT community merely because they have unconventional sexual orientation and form a miniscule fraction of the over 1.32 billion Indian population, the Supreme Court observed .

The 9-judge bench, which held that the right to privacy is a fundamental right, made this observation while assailing the earlier apex court verdict in the appeal by an NGO on behalf of the LGBT community in which it said they formed a miniscule fraction of the country’s population and the right to privacy cannot be a ground to set aside a penal law.

Chief Justice J S Khehar and Justices R K Agrawal, S A Nazeer and D Y Chandrachud, who were part of the nine-judge constitution bench, said that discrimination on the basis of sexual orientation is deeply offensive to the dignity of an individual.

“A miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders (LGBT) is not a sustainable basis to deny the right to privacy. The purpose of elevating certain rights to the stature of guaranteed fundamental rights is to insulate their exercise from the disdain of majorities, whether legislative or popular,” the bench said.

The apex court said that discrete and insular minorities face grave dangers of discrimination for the simple reason that their views, beliefs or way of life does not accord with the ‘mainstream’.

“Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform.

“The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution,” it said.

It, however, clarified that since the challenge to Section 377 (Section which criminalizes gay sex) is pending consideration before another bench of the Supreme Court, it would leave the constitutional validity to be decided in an “appropriate proceeding”.

Justice S K Kaul, in a separate judgement, also concurred with the view of the four judges and said the majoritarian concept does not apply to Constitutional rights.

“…the Courts are often called up on to take what may be categorised as a non-majoritarian view, in the check and balance of power envisaged under the Constitution of India.

One’s sexual orientation is undoubtedly an attribute of privacy,” he said.

New Delhi, Oct 20 : The Ministry of Social Justice has drafted a bill to decriminalise begging and rehabilitate beggars and homeless people, the Centre and AAP government told Delhi High Court today.

The submission was made before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal which directed the ministry to place on record a copy of the draft legislation – The Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016.

The court was hearing two PILs seeking basic human and fundamental rights for the beggars in the national capital and for decriminalising begging.

Advocate Kushal Kumar, appearing for the ministry, told the court that pre-legislative consultation meeting with representatives from states and union territories was recently organised to seek their opinions.

He said the Centre has asked all stakeholders to share their views and suggestions for eradication of poverty.

Social Justice Minister Thawar Chand Gehlot had said at a pre-legislative consultation meeting that the Bill “will provide protection, care, support, shelter, training and other services to all persons in destitution”.

The approach of the Ministry towards addressing the problem of destitution and beggary was “rehabilitative rather than punitive,” he had said.

The Ministry had also then said that the model law was drafted on recommendations from the National Consultation Meetings held with state representatives and experts in the field of beggary.

Currently, there is no central law on begging and destitution and most states have adopted the Bombay Prevention of Begging Act, 1959, which criminalises beggary, or have modelled their laws on that basis. The two petitions have challenged the Bombay Prevention of Begging Act.

The bench today asked the ministry to furnish a copy of the draft bill to the petitioners, Harsh Mandar and Karnika Sawhney, who have in their pleas also sought basic amenities like proper food and medical facilities at all beggars’ homes in the city.

Their pleas were first filed in the Supreme Court from where they were transferred to Delhi High Court.

The high court in October last year was told that Delhi Police was assisting the AAP government in removing beggars from tourist spots, traffic intersections and religious places here.

Jaipur, Nov 5 : Megastar Amitabh Bachchan’s movie “Pink” will be shown to Rajasthan police personnels to teach them to be sensitive towards women.

The police headquarter recently dispatched letter to the superintendent of police of all the 33 districts of the state asking them to immediately make arrangements for the screening of the Shoojit Sircar-produced movie to all the police personnel in their respective areas.

The instruction to screen the film aims at making the police sensitive and sensible about woman dignity, woman rights so that they can act more promptly and actively to deliver justice in cases of harassment, torture or any crime against women.

The ADG (civil rights) has strictly asked the district police captains to take a serious note on screening of the movie.

The letter by the ADG says the the movie has most strongly and vividly depicted gender impartiality, gender equality and gender sensitivity. The movie also portrays how to defend the woman dignity and woman rights.

“The letter from the Police state headquarter, Jaipur regarding mass screening of movie ‘Pink’ to the police personnel was received in last week of September following which police officials at police stations were directed for the screening of the same,” said Rajendra Verma, Additional Superintend of Police (ASP).