x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Constitute Committees for 'Youth Engagement Programme': Div Com to DCs | Advisor Skandan chairs BoD meetings of JKHDC, JKI | Administration working tirelessly to address public grievances: Advisor Skandan | Northern Army Commander meets Governor | Licenses of 13 medical outlets suspended in Jammu | Karvan-e-Aman bus suspended; Families divided in 1947 continue to suffer | HM Shah moots idea of multipurpose card says 2021 census to be digital | Security forces on high alert along LoC as 500 militants waiting to sneak into Kashmir to create unrest: Sources | Communication breakdown only for terrorists and Pakistan handlers, not for Kashmiri people: Army Chief General Bipin Rawat | Major Terror Attack Foiled, 40 Kg Explosives Seized In Kathua | Internet facilitation centre launched in Pulwama for students | 3 Hizbul Mujahideen terrorists involved in BJP, RSS killings arrested: Jammu IGP | Pakistan steps-up shelling along LoC in J&K | Apple traders operate under terror threat, hope for restrictions to end | MHRD team visits Kashmir to discuss special package; skips Jammu! | Jammu based Cong leaders warn leadership against opposing scrapping of Art 370 | Shutdown costs Rs 100 crore to Kashmir economy daily | Jammu, Srinagar cities on alert ahead of PM's UNGA speech | Pak resorting to ceasefire violations leave 21 Indians dead in 9 months | Durbar Move tradition to continue in Union Territories of J&K | Had Central funds reached J-K, homes would have had gold: Amit Shah | Kashmir's apples get 'support', Jammu's Basmati growers left in lurch | J&K terror funding case: NIA all set to chargesheet Yasin Malik, 4 other top separatist leaders | No plans to revise fiscal deficit target at this time: Sitharaman | Nehru was wrong, Patel right in dealing with J&K issue: Prasad | Terror module busted in Punjab; four held with huge cache of arms | 47 lakh people got treatment in 1st year under Ayushman Bharat scheme | UDC demands implementation of SRO 317 | Round the clock helpline set up by student community | Article 370 in Parliamentary Debates: Abrogation was Long Overdue | Invisible Jammu in Re-organised J&K | Bank frauds to be dealt with effectively : SSP Patil | Azad meets people in Anantnag | Sports activity in the valley comes to a standstill | Incomplete Health Sub Centre building turns into cow shelter | Mega rally organized on 125th Birthday of Maharaja Hari Singh | BLSK presents 279th musical play on "Beti Bachao Beti Padhao" | Horticulture department conducts awareness camp at Sangaldan | Awareness programme for school children organized | Center's move a historical decision: Mehran Anjum Mir | Guru of Sahib Bandagi sect delivers religious sermons | Nat Manch, JKBS demand holiday on Maharaja Hari Singh's birthday | Chairman JKICS pays tributes to Maharaja Hari Singh | Bharat Vikas Parishad organizes Mahila Sammelan | JKESL holds general body meeting | Samoon visits Poonch, adjoining areas | 164 units of blood donated | Shrine Board organises Cyclothon from Domel to Katra | Medical camp organized | Natrang stages Pratap Sehgal's 'Ladai' | Hockey players urge government for accelerate installation of turf | Talent Hunt programme 'Choona-Hai-Aasman' held | Spring Dales organizes Kavi Gosthi | JK Wushu team bags medals in Junior National Competition | Incomplete Health Sub Center building turns into cow shelter | GST collection fall in J&K due to poor access to internet | Kashmiri Pandit diaspora endorses axing Article 370, meets Modi | Hundreds of commercial vehicles plying without permits on Mendhar road | Have hope in PM Modi: Kashmiri Pandits on PM meeting in US | Ladakhi Shondol dance makes it to Guinness book of records | PUF insulated shelters, better infrastructure for CRPF in Valley | Schools charge for shutdown period in Valley | JeM terror camp in Balakot, bombed by IAF, functional again under new name | J&K to witness development after Centre's Article 370 move: Anurag Thakur | Abrogation of Articles 370, 35A will open new vistas: BJP | ADCSA extends support to strike called by PDD employees | Undertrial dies at Jammu hospital after illness | Let's end log-jam, move forward: Brig Gupta | UP too hot for Kashmiri inmates, seek transfer to valley | Mobile, internet remain suspended; people with landlines open up homes for neighbours | 20 yr old Pakistani sneaks into India from Jammu, villagers hand him over to police | PDD employees question committee constituted for reorganization | More than 75 per cent of J&K population favours Article 370 abrogation, says Rajnath | DDC Budgam Warns strict action against timber smuggling, illegal earth excavation | Fulfill promise by filling 50,000 posts in J&K: Congress | Panchayat Khandwal pledges not to use plastic | Congress Sewa Dal criticizes establishment of toll plaza | PLS conducts fortnightly literary meet | Distt admin conducts sanitation drive, awareness camp at Sanasar | AEE aspirants of Kashmir region demand deferment of Preliminary Exam | Army organises 'Startup Weekend' in J&K | Banking with full communication lockdown: Travails, risks bankers face | Back Issues  
 
news details
Will J&K Govt strike can down Sec 303 of RPC to meet LGBT community's demand?
9/8/2018 10:39:34 PM
Early Times Report

JAMMU, Sept 8: The Supreme Court's September 6 ruling that decriminalized gay sex could be applied to Jammu and Kashmir too, as per a 1995 judgment of the Jammu and Kashmir High Court. The 1995 judgment had said that when an IPC provision is struck down on grounds of violating the Constitution, its corresponding provision in the Ranbir Penal Code applicable to Jammu and Kashmir too would be struck down. However, legal opinion on the issue is divided on whether the Jammu and Kashmir High Court needs to make an order that the Section in Ranbir Penal Code corresponding to Section 377 of the IPC is the same. According to Advocate Saurav Kirpal, who was part of the legal team that fought for legal rights of the LGBT community in the Supreme Court, has opined that "a division bench of the Jammu and Kashmir High Court comprising Justice S Rizvi and R Nehru had ruled in 1995 that once the Supreme Court has held Section 303 of the Indian Penal Code (death penalty for murder by a life convict) violated Articles 14 and 21 of the Constitution, as a natural and logical corollary Section 303 of the Ranbir Penal Code (RPC) violated the same".
Advocate Kirpal's opinion came in the backdrop of the uncertainty of the LGBT community in Jammu and Kashmir "if the Supreme Court ruling applied to it as it did not mention the Ranbir Penal Code".
"The intricacies of the law are the same, but it is a different code," Kirpal has said, adding that "someone from the community in the state will have to challenge the RPC". "We cannot challenge it unless somebody from Jammu and Kashmir comes forward," he has further opined.
Section 303, IPC and Section 303, RPC, are identical and, therefore, the mandate of the judgment of the Supreme Court was directly and automatically applied to Section 303 of RPC in the 1995 ruling. The question is whether the Section corresponding to 377 in RPC is identical.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU