Court : Delhi
Decided on : Jul-02-2009
Reported in : 2010CriLJ94; 160(2009)DLT277
..... adult males.98. the inevitable conclusion is that the discrimination caused to msm and gay community is unfair and unreasonable and, therefore, in breach of article 14 of the constitution of india.infringement of article 15 - whether 'sexual orientation' is a ground analogous to 'sex'99. article 15 is an instance and particular application of the right of equality ..... 'unnatural sexual acts' has no rational nexus to the classification created between procreative and non- procreative sexual acts, and is thus violative of article 14 of the constitution of india. section 377's legislative objective is based upon stereotypes and misunderstanding that are outmoded and enjoys no historical or logical rationale which render it arbitrary and unreasonable. it ..... section 377 ipc, on account of it covering sexual acts between consenting adults in private infringes the fundamental rights guaranteed under articles 14, 15, 19 & 21 of the constitution of india. limiting their plea, the petitioners submit that section 377 ipc should apply only to non-consensual penile non-vaginal sex and penile non- vaginal sex involving minors. the ..... the hands of the law enforcement machinery. the government of india estimates the msm number at around 25 lacs. the number of lesbians and transgenders is said to be several lacs as well. this vast majority (borrowing the language of the south african constitutional court) is denied 'moral full citizenship'. section 377 ipc grossly violates their right to privacy and .....Tag this Judgment!
Court : Delhi
Decided on : Aug-07-2009
Reported in : 163(2009)DLT627
..... allegations and counter allegations as the scope of the present proceedings is limited inasmuch as that the petition has been filed under article 226 of the constitution of india for a direction to respondent no. 2 to produce the minor child and for grant of custody of the child to the petitioner. the facts ..... sandhu and anr. case (supra) where both the parties were settled in england and the child was born and brought up in england and had british citizenship. in the facts of that case also, a plea was advanced on behalf of the mother that she had no relatives in england and the child would ..... court as the child was well settled with the mother. the hague convention of 1980 on 'civil aspects of international child abduction' was examined to which india was not a signatory. it was observed that the court to which the child was removed could conduct summary enquiry and the court would return the child ..... an order was passed by the supreme court of ontario (canada) granting interim custody to the mother. the unauthorized removal of the children from canada to india by the father was held to be improper and the order of the canadian court was directed to be honoured.8. in the end a reference was ..... was holding a british passport with parents acquiring permanent resident status in u.k. it is thus pleaded that the status of the minor child in india is of an illegal migrant in view of the directions passed by the english courts and the child should be returned to that jurisdiction. this plea .....Tag this Judgment!