Saying the law doesn't recognise the concept of marital rape, the Delhi high court has quashed an order directing prosecution of a man for performing 'unnatural' sex with his wife.
Sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh high court held while acquitting a Jagdalpur resident who was convicted of rape and other charges.
The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament.
Supreme Court judge Justice DY Chandrachud has said that the decriminalisation of Section 377 of IPC by the apex court has enabled queer people to emerge as legally empowered citizens.
The Supreme Court on Tuesday made it clear that it will not go into the personal laws governing marriages while deciding the pleas seeking legal validation for same-sex marriages, and asked the lawyers to advance arguments on the Special Marriage Act.
A bench headed by Chief Justice DY Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.
A gay couple has moved the Supreme Court of India seeking legal recognition of same-sex marriages under the Special Marriage Act and to issue appropriate directions to the authorities concerned to allow them to solemnise their marriage.
'The reality is that 377 compromises the freedom and affects many of us adversely,' Navtej Singh Johar tells Manavi Kapur.
'Societal acceptance is the surround-sound of the socio-economic political compass that we live in. This is the first step.'
When the highest court gave a decision on the Navtej Singh Johar case, it held that LGBT citizens have a right to not be discriminated against on the basis of their sexual orientation. It was keeping this in mind that this same sex couple approached the Delhi high court.
It also said that judicial interference will cause "complete havoc with the delicate balance of personal laws".
A same sex couple has moved the Delhi high court seeking they be allowed to get married under the Special Marriage Act, saying they have been living together as a couple for eight years, in love with each other sharing the highs and lows of life, but unable marry as they are both women. A similar plea has been moved by two men, who got married in the United States, but their marriage was not registered under the Foreign Marriage Act of 1969 by the Indian consulate as they were a same sex couple.
The stars behind the biggest films of the year like Prabhas, Aamir Khan and Shah Rukh Khan may have been absent, but IIFA was quite an extravaganza.
A bench of justices R S Endlaw and Asha Menon issued notice to the Centre and the Delhi government seeking their stand on the plea by two women seeking to get married under the SMA.
Saloni Dhumne and Atreya Raghavan speak to young India to find out who their LGBTQ heroes are.
A fascinating glimpse from Somak Ghoshal's 10 Indian Heroes Who Help People Live With Dignity.
'If people understand the love between boy-boy, girl-girl or transgenders, then that is the first great step for society to change.'
The SC in its judgment said that discrimination on the basis of sexual orientation is a violation of Freedom of Expression. "Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression, Supreme Court," the court said.
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