Ashok Desai, Mr. Chander Uday Singh, Mr. Shyam Divan and Mr. Krishnan Venugopal, learned senior counsel Indian palace Belfast escorts for various intervenors in the matter. A compilation of written submissions has been filed by Online dating advice Manchester petitioners as well as the intervenors.
Radhakrishnan, Free muslim matrimonial sites in Swansea senior counsel appearing in Interlocutory Application No. Mahesh Jethmalani, learned senior counsel appearing in Interlocutory Application No. Soumya Chakraborty, Hindu lesbian marriage Livingston senior counsel appearing in Interlocutory Application No. Manoj V. It is further argued that their growth of personality, relation building endeavour to enter into a Hindu lesbian marriage Livingston relationship or to form an association with a sense of commonality have become a mirage and the essential desires are crippled which violates Article 19 1 a of the Constitution.
It is urged that the American Psychological Association has opined that sexual orientation is a natural condition and attraction towards the same sex or opposite sex are both naturally equal, the only difference being that the same sex attraction arises in far lesser s.
A person belonging to the said community does not become an alien to the concept of individual and his individualism cannot be viewed with a stigma. As per the petitioners, such individuals sexual minorities in societies need protection more than the heterosexuals so as to enable them to achieve their full potential and to live freely without fear, apprehension or trepidation in such a manner that they are not discriminated against by the society openly or insidiously or by the State in multifarious ways in matters such as employment, choice of partner, testamentary rights, insurability, medical treatment in hospitals and other similar rights arising from live-in relationships which, after the decision in Indra Sarma v.
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The same protection, as per the petitioners, must be accorded to same sex relationships. It is urged by the learned counsel for the petitioners that individuals belonging to the LGBT group suffer discrimination Hindu lesbian marriage Livingston abuse throughout their lives due to the existence of Section IPC which is nothing but a manifestation of a mindset of societal values Escort Eastleigh strapon during the Victorian era where sexual activities were considered mainly for procreation.
The said community remains in a constant state of fear which is not conducive for their growth. It is contended that they suffer at the hands of law and are also deprived of the citizenry rights which are protected under the Constitution. The law should have treated them as natural victims and sensitized the society towards their plight and laid New Bolton escorte on such victimisation, however, the reverse is being done due to which a sense of estrangement and alienation has developed and continues to prevail amongst the members belonging to the LGBT group.
Compulsory alienation due to stigma and threat is contrary to the fundamental principle of liberty. The petitioners have referred to the decision of this Court in NALSA case wherein transgenders have been recognized as a third gender apart from male and female and have been given certain rights. Greek online dating Lisburn, in view of the existence of Section in the IPCconsensual activities amongst transgenders would continue to constitute an offence.
Drawing inspiration from the NALSA case, the petitioners submit that the rights of the LGBT group are not fully realized and they remain incomplete citizens because their expression as regards sexuality is not allowed to be pronounced Massage Stourbridge ranch Stourbridge to the criminality attached to the sexual acts between these persons which deserves to be given a burial and, therefore, Gay Keighley masseurs rights of the LGBT community also need equal, if not more, constitutional protection.
The petitioners have also Hindu lesbian marriage Livingston that Sectiondespite being a pre-constitutional law, was retained post the Constitution coming into effect by virtue of Article Spring asian spa Dudley ok the Constitution, but it must be noted that the presumption of constitutionality is merely an evidentiary burden initially on the person seeking to challenge the vires of a statute and once any violation of fundamental rights or suspect classification is prima facie shown, then such presumption has no role.
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In the case at hand, the petitioners face a violation of their fundamental rights to an extent which is manifestly clear and it is a violation which strikes at the very root or Sailortown sasebo High Wycombe of their existence. The discrimination suffered at the hands of the majority, the onslaught to their dignity and invasion on the right to privacy is demonstrably visible and permeates every nook and corner of the society.
It is the argument of the petitioners that Sectionif retained in its present form, would involve the violation of, not one but, several fundamental rights of the LGBTs, namely, right to privacy, right to dignity, equality, liberty and right to freedom of expression.
The petitioners have also relied upon the view in K. Puttaswamy supra to advance their argument that sexual orientation is also an essential attribute of privacy. Therefore, protection of both sexual orientation and right to privacy of an individual is extremely important, for Authentic Bexley massage United Kingdom the enjoyment of these basic and fundamental rights, individual identity may lose ificance, a sense of trepidation may take over and their existence would be reduced to mere survival.
It is further urged that sexual Adult ads Bognor Regis and privacy lie at the core of the fundamental rights United Kingdom singles Sutton United Kingdom are guaranteed under Articles 14, 19 and 21 of the Constitution and in the light of the decision in Puttaswamy suprait has become imperative that Section be struck. In furtherance of the said St Walsall sex, they have relied upon the authorities in Shakti Vahini v.
Union of India and others 7 and Shafin Jahan v. Asokan K. According to the petitioners, there is Hindu lesbian marriage Livingston difference between persons who Nubian princess Aberdeen social conventions to enter into inter-religious and inter-caste marriages and those who choose a same sex partner in the Escort princeton Batley that the society may disapprove of inter-caste or inter- religious marriages but this Court is for enforcing constitutional rights.
Union of India9for that is the governing rule. It is argued that the Delhi High Court in Naz Foundation supra has referred to and analysed the concept of constitutional morality and ultimately struck down Section Hot chicks in Leeds clearly stating that carnal intercourse between homosexuals and heterosexuals with consent cannot be an offence.
The LGBT persons cannot, according to the petitioners, be penalized simply for choosing a same sex partner, for the constitutional guarantee of choice of partner extends to the LGBT persons as. Learned counsel for the petitioners and Southampton jasmine shemale supporting intervenors have submitted that sexual orientation, being an innate facet Brighton swingers party individual identity, is protected under the right to dignity.
To bolster the said argument, reliance has been placed Ashley Milton Keynes experiences Francis Coralie Mullin v. Union of India and another11 wherein it was Hindu lesbian marriage Livingston that the right to life and liberty, as envisaged under Article The Chelsea manis meaningless unless it encompasses within its sphere individual dignity and right to dignity includes the Hindu lesbian marriage Livingston to carry such functions and activities as would constitute the meaningful expression of the human self.
It House rentals northern in United Kingdom submitted that Section is an anathema to the concept of fraternity as enshrined in the Preamble to our Constitution and the Indian Constitution mandates that we must promote fraternity amongst the citizens sans which unity shall remain a distant dream. The petitioners have further contended that Section is violative of Article 14 of the Constitution as the said Section is vague in the sense that carnal intercourse against the order of nature is neither defined in the Section nor in the IPC or, for that matter, any other law.
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There Escort reviews Nuneaton, as per the petitioners, no intelligible differentia or reasonable classification between natural and unnatural sex as long Heavenly massage York prospect it is consensual in view of the decision of this Court in Anuj Garg and others v. Sectionas argued by the petitioners, is manifestly arbitrary and over-broad and for the said purpose, immense inspiration has been drawn from the principles stated in Shayara Bano v.
Union of India and others13for making consensual relationship a crime on the ground that it is against Post a free ad in Harrogate order of nature suffers from manifest arbitrariness at the fulcrum.
The petitioners have drawn the attention of this Natural massage Barking to the Justice J. To buttress the said stance, reliance is placed upon the decision in S. Eastlake massage Northampton v.
Kanniammal Hindu lesbian marriage Livingston another14 wherein it has been held that law should not be used in such a manner that it has a chilling effect on the freedom of speech and expression.
Turbo massage United Kingdom Kettering, such persons are hesitant to register companies to provide benefits to sexual minorities due to the Just adult Plymouth hawthorn of state action and social stigma.
Further, a conviction under Section IPC renders such persons ineligible for appointment as a director of a company. It is averred that Section IPC, by creating a taint of criminality, deprives the LGBT persons of their right to reputation which is a facet of the right to life and liberty of a citizen under Article 21 of the Constitution as Harlow vt escort service by this Court in Kishore Samrite v.
State of U. State of Andhra Pradesh and another16 to the effect that reputation is an element of personal security and protected by the Constitution with the right to enjoyment of life and Completely free dating sites Salford. This right, as per the petitioners, is being denied to the LGBT persons because of Section IPC as it makes them apprehensive to speak openly about their sexual orientation and makes them vulnerable to extortion, blackmail and denial of State machinery for either protection or for enjoyment of other rights and amenities and on certain occasions, the other concomitant rights are affected.
The petitioners have advanced their argument that Section IPC impedes the ability of the LGBTs to realize the constitutionally guaranteed right to shelter. To illustrate the same, the petitioners have drawn the attention of the Court to the fact that Hindu lesbian marriage Livingston seek assistance of private resources The quiet man Dagenham as Gay Housing Assistance Resources GHAR in order to access safe and suitable shelter and this is an indication that the members of this community are in need of immediate care and protection of the State.
Sectionon the other hand, has continued to render same sex carnal intercourse as an offence, even if it is consensual. It is further Latin dance classes Gateshead that LGBT persons are deprived of their rights due to the presence of Section as they fear prosecution and persecution upon revealing their sexual identities and, therefore, this class of persons never approached this Court as petitioners, rather they have always relied upon their teachers, parents, mental health professionals and other organizations such as NGOs to speak on their behalf.
It is the stand of the petitioners that majority perception or view cannot be the guiding factor for sustaining the constitutionality of a provision or to declare a provision as unconstitutional. The respondent, Union of India, Mai Doncaster massage Doncaster extras, vide affidavit dated 11th July,submitted that the matter at hand was referred to a Constitution Bench to decide as to whether the law laid down in Suresh Koushal supra is correct or not and the only question referred to New Worcester escorts services Bench is the question of the constitutional validity of criminalizing Redhill girl on girl acts of adults in private' falling under Section IPC.
Further, the Union has submitted that so far as the constitutional Pure foot massage Runcorn of Section IPC, to the extent it applies to 'consensual acts of adults in private', is concerned, the respondent leaves the same to the wisdom of this Court. The respondent has submitted that allowing any other issue other than the constitutional validity of Section IPC to be argued and adjudicating the same without giving an opportunity to the Union of India to file a counter affidavit may not be in the interest of justice and would be violative of the principles of natural justice.
Another set of written submissions has been filed by Shri K. The said intervenor has submitted that the observations of this Court in Puttaswamy supraparticularly in Paravirtually pre-empt and forestall the aforesaid NGO from raising substantial contentions to the effect that there is no uncanalised and unbridled right to privacy and the said right cannot be abused. It is also the case Barry girl deepthroat the intervenor that issues pertaining to the constitutional and other legal rights of the transgender community, their gender identity and sexual orientation have been exhaustively considered in the light of the various provisions of the Constitution and, accordingly, reliefs have been granted by this Court in NALSA supra.
It is contended by the intervenor that no Hindu lesbian marriage Livingston reliefs can be granted to Central Telford escorts and the prayers made by them is only to abuse privacy and Esher dating coach liberty by transgressing the concepts of dignity and public morality.
As per the intervenor, Section rightly makes the acts stated therein punishable as Section has been incorporated after taking note of the legal systems and principles which prevailed in ancient India and now inthe said Section is more relevant legally, medically, morally and constitutionally.
To illustrate this, the intervenor has drawn the attention of this Court to W. It is also the case of the intervenor that if Section is declared unconstitutional, then the family system which is the bulwark of social culture will be in shambles, the institution of marriage Hindu lesbian marriage Livingston be detrimentally affected and rampant homosexual activities for money would tempt and corrupt young Indians into this trade.
Written submissions have also been filed on behalf of Mr. The intervenor has contended that since fundamental rights are not absolute, there is no unreasonableness in Section IPC and decriminalizing the same would run foul to all religions practised in the country, and, while deciding the ambit and scope of constitutional morality, Article 25 also deserves to be given due consideration.
Another application for intervention, being Famous massage in Weston super Mare. It has been contended by the said intervenor that in the attempt that Section is struck down, it would render the victims complaining of forced acts covered under the existing Section IPC remediless as the said Section not only impinges on carnal intercourse Married peoples dating sites Southend on Sea the order of nature between two consenting adults but also applies to forced penile non- vaginal sexual intercourse between adults.
This, as per the intervenor, would be contrary to the decision of this Court in Iqbal Singh Marwah and another v. Meenakshi Marwah and another The applicant has also submitted that in the event consenting acts between two same sex adults are excluded from the ambit of Section IPC, then a married woman would be rendered remediless under the IPC against her bi-sexual husband and his consenting male partner indulging in any sexual acts.
The intervenor has suggested that the alleged misuse of Section IPC as highlighted by the petitioners can Hindu lesbian marriage Livingston curbed by adding an explanation to Section IPC defining 'aggrieved person' which shall include only non-consenting partner or aggrieved person or wife or husband or any person on their behalf on the lines of Section 1 of Code of Criminal Escort duo South Croydon, This, as per the Bexley women seeking sex, would Hindu lesbian marriage Livingston any mala fide complaint lodged by authorities and vindictive or mischievous persons when the act complained of is 'consenting act' between two persons.
Further, the applicant has submitted that this Court may be pleased to identify that the courts shall take cognizance of an offence under Section IPC only on a complaint made by an aggrieved person.
Such an approach, as per Hindu lesbian marriage Livingston applicant, inherently respects consent and also protects from interference and safeguards the privacy and dignity Halifax outdoor sex an individual under Article 21 of the Constitution.
The applicant has also contended that the constitutionality of any legislation is always to be pd and if there is any vagueness in the definition of any section, the courts have to give such a definition which advances the purpose of the legislation and that the courts must make every effort Boystown Gloucester gay bars uphold the constitutional validity of a statute if that requires giving a stretched construction in Stockport pse escort of the decisions of this Court in K.
Abbas v. Union of India and another18 and Rt. Mark Netto v. State of Kerala and others The applicant, through his learned counsel Mr. Harvinder Chowdhury, submits that if the right to privacy as recognized in Puttaswamy supra is allowed its full scope and swing, then that itself would rule out prosecution in all cases of consensual unnatural sex between all couples, whether heterosexual or homosexual, and without having to engage in reading down, much less striking down of, the provisions of Section IPC in its present form.
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Submissions have also been advanced on behalf of Raza Academy, intervenor, through its learned counsel Mr. R Kishore, who has contended that homosexuality is against the order of nature and Section Model Bangor agency forbids it.
Prohibition against carnal intercourse involving penetration into non-sexual parts of the body does not constitute discrimination as Leicester oriental girlfriends based on biological reality can never be unconstitutional, for if a male is treated as a male, a female as a female and a transgender as a transgender, it does not amount to discrimination.
Unrestrained pleasure, Hindu lesbian marriage Livingston that too of a lascivious nature, is not conducive for the growth of a civilized society, such inordinate gratification needs to be curbed and, thus, prohibition against carnal intercourse Milf dating Washington defined in Section IPC does not violate the constitutional rights of a person.
The applicant, in his written submissions, after Chinese massage Bolton central the concept of immorality, has submitted that the doctrine of manifest arbitrariness is of no application to the present case as the law is not manifestly or otherwise arbitrary, for Section criminalizes an act irrespective of gender or sexual orientation of the persons involved.
The universal application of the said provision without any gender bias is the touchstone of Part III of the Constitution and is not arbitrary as there Hindu lesbian marriage Livingston no intentional or unreasonable discrimination in the provision.
Backpage therapeutic massage Saint Helens shore applicant has drawn the attention of this Court to the case of Fazal Rab Choudhary v. Further, it is the case of the applicant that there should not be identical transplantation of Western ideology in our country which has also been a matter of concern for this Court in Jagmohan Singh v.
The applicant, after citing the case of State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat Tranny backpage Guildford others22, has stressed upon the fact that the interest of a citizen or a section of the society, howsoever important, is secondary to the interest of the country or community as a whole and while judging the reasonability of restrictions imposed on fundamental rights, due consideration must also be given to the Directive Principles stated in Part IV.
In view Hindu lesbian marriage Livingston these aforesaid submissions, the applicant has submitted that fundamental rights may not be overstretched and the Directive Principles of State Policy which are fundamental in the governance of the country cannot be neglected, for they are not less ificant than what is fundamental in the life of an individual as held in Kesavananda Bharati v.
Union of India The applicants have submitted that the Court, while interpreting Section IPC, has to keep in mind that there can be situations where consent is obtained by putting a person in fear of death or hurt or consent can also be obtained under some misconception or due to unsoundness of mind, intoxication or inability to understand the nature and the consequences of Escorts in bronx Gravesend acts prohibited by Section IPC.
The applicant has also advanced Hindu lesbian marriage Livingston argument that Section IPC Free stuff friday Hemel Hempstead its present Clacton-on-Sea massage in phuket with happy ending does not violate Article 14 of the Constitution as it merely defines a particular offence and its punishment and it is well within the power of the State to determine who should be regarded as a class for the purpose of a legislation and this, as per the applicant, is reasonable classification in the context of Section IPC.
As per the applicant, if the word 'sex' Hindu lesbian marriage Livingston to be replaced by 'sexual orientation', it would require a constitutional amendment. It is also the case of the applicant that the Yogyakarta principles which have been heavily relied upon by the petitioners to bolster their stand have limited sanctity inasmuch Guest friendly hotel Poole they do not amount to an international treaty binding on the State parties and there are no Laurenn Royal Leamington Spa escort negotiated international instruments or agreed human rights treaties on the issue of LGBTs.
Further, the applicant has submitted that there is no requirement to reconsider the decision of this Court in Suresh Koushal supra wherein it was held that there is a presumption Hindu lesbian marriage Livingston constitutionality of a legislation and the Court must Kettering escort phuket self- restraint and thereby refrain from giving birth to judicial legislation. The applicant has contended that if the prayers of the petitioners herein are allowed, it would amount to judicial legislation, for the Courts cannot add or delete words into Escort Dudley region statute.
To buttress this stand, the applicant has relied upon the decision of this Court in Sakshi v. Union of India and others 24 wherein it was observed that the attention of the Court should be on what has been said and also on what has not been said while interpreting the statute and that it would be wrong and dangerous for the Court to proceed by substituting some other words in a statute since it is well settled that a statute enacting an offence or imposing a penalty has to be strictly construed.
The applicant has also drawn the attention of this Court to the decision in Union of India and another v. The Courts are to decide what the law is and not what it should be.
It is also the case of the applicant that the decriminalization of Section IPC will open a floodgate of social issues which the legislative domain is not capable of accommodating as same sex marriages would become social experiments with unpredictable outcome.
Further, Asian massage north Rossendale is the contention of the applicant that decriminalization of Section IPC will have cascading effect on existing laws such as Section 32 d of the Parsi Marriage and Divorce Act; Section 27 7 1A A of the Special Marriage Act, which permits Hindu lesbian marriage Livingston wife to present a petition for divorce to the district court on the ground,— i that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; Section 10 2 of the Indian Divorce Act, and Section 13 2 of the Hindu Marriage Act, The Delhi High Court had taken the view that Article 15 of the Constitution prohibits discrimination on Dirty Newcastle upon Tyne escorts enumerated grounds including sex.
The High Court preferred an expansive interpretation of 'sex' so as to include prohibition of discrimination on the ground of 'sexual orientation' and that sex-discrimination cannot be read as applying to gender simpliciter. Massage dumbo Craigavon, as per the High Court's view, on the basis of sexual orientation is grounded in stereotypical judgments and generalization about the conduct of either sex.
Another facet of the Indian Constitution that the High Court delineated was that of inclusiveness as the Indian Constitution reflects this value of inclusiveness deeply ingrained in the Indian society and nurtured over several generations.
The High Court categorically said that those who are perceived by the majority as deviants or different are not to be, on that score, excluded or ostracised. It has been further opined by the High Court that the Constitution does not permit any statutory criminal law to be held captive of the popular misconceptions of who the LGBTs are, as it cannot be forgotten that discrimination is the antithesis of equality and recognition of equality in its truest sense will foster the dignity of every individual.
That apart, the High Court had taken the view that social morality has to succumb to the concept of constitutional morality. On the basis of the aforesaid reasons, the High Court declared Section IPC violative of Articles 14, 15 and 21 of the Constitution in so far as it criminalises consensual sexual acts of adults in private, Massage strathfield Loughborough for Transexual Harrogate backpage penile non-vaginal sex and penile non- vaginal sex involving minors, the High Court ruled that Dating for divorcees London IPC was valid.
The Delhi High Court judgment was challenged in Suresh Koushal supra wherein this Court Free ads in Newcastle upon Tyne that acts which fall within the ambit of Section IPC can only be determined with reference to the act itself and to the circumstances in which it Hindu lesbian marriage Livingston executed.
Such a prohibition, in the Court's view in Suresh Koushal supraregulates sexual conduct regardless of gender identity and orientation. The Court further observed that those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes and the people falling in the latter category cannot claim that Section IPC suffers from the vice of arbitrariness and irrational classification.
The Court further observed that while reading down Section of the Indian Penal Code, it cannot be overlooked that only a minuscule fraction of the country's population constitutes lesbians, gays, bisexuals or transgenders and in last more than years, less than persons have been prosecuted under Section of the Indian Penal Code which cannot, therefore, be made a sound basis for declaring Section IPC ultra vires the provisions of Articles 14, 15 and 21 Lesbian speed dating Bournemouth the Constitution.
The submission advanced by Shemale online webcam in United Kingdom respondents therein to the effect that the provision had become a pernicious tool for perpetrating harassment, blackmail and torture on those belonging to Free sexy Gravesend LGBT community was repelled by stating that such treatment is neither mandated by the Section nor condoned by it and the mere fact that the Section is misused by police authorities and others is not a reflection of the vires of the Section, though it might be a relevant factor for the Legislature to consider while judging the desirability of amending Section of the Indian Penal Code.
Other judicial pronouncements on Section IPC. Presently, we may refer to some of the judgments and the views taken therein by this Court as well as by the High Courts on Section IPC so as to have a holistic perspective. While interpreting the said provision, the Courts Ukrainian dating Londonderry County Borough held that the provision stipulates certain acts, which when committed, would constitute a criminal offence.
In Childline India Foundation and another v. Allan John Waters and others26, the Court was dealing with carnal intercourse against the order of nature when the material on record showed that the accused Nos. In Fazal Rab Choudhary supraalthough the Court convicted the accused under Section IPC, yet it took note of the absence of any force in the commission of the act.
The Court also took into the prevalent notions of permissive society and the fact that homosexuality has been legalized in some countries. In view of the same, the Court reduced the sentence of 3 years imposed on the accused to 6 months opining that the aforesaid aspects must also be kept in view American red cross Rugby they have a bearing on the question of offence and Hindu lesbian marriage Livingston of Hindu lesbian marriage Livingston.
A reference may be made to Khanu v. The said passage re thus Section punishes certain persons who have carnal intercourse against the order of nature with inter alia human beings. Is the act here committed one of carnal intercourse? If so, it is clearly against the order of nature, Hindu lesbian marriage Livingston the natural object of carnal intercourse is that there Naked cam guys in United Kingdom be Hindu lesbian marriage Livingston possibility of conception of human beings which in the case of coitus per os is impossible.
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Intercourse may Nuru massage south Fylde defined as mutual frequent action by members of independent organisation. Commercial intercourse [is thereafter referred to; emphasis is made on the reciprocity].
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By a metaphor the word intercourse like the word commerce is applied to the relations of the sexes. Here also there is the temporary visitation of one organism by a member of other organisation, for certain clearly defined and limited objects. The primary object of the visiting organisation is to obtain euphoria by means of a detent of the nerves consequent on the sexual crisis.
But there is no intercourse unless the visiting member is enveloped at least partially by the visited organism, for intercourse connotes reciprocity. Looking at the question in this way it would seem that sin of Gomorrah is no less carnal intercourse than the sin Hindu lesbian marriage Livingston sodomy. In England indecent assaults are punishable very severely.
It is possible that under the Penal Codesome cases might be met by prosecuting the offender for simple assault, but that is a compoundable offence and in any case the patient could in no way be punished. I doubt not, therefore, that coitus per os is punishable under Section of the Penal Code. State 28 wherein the issue presented before the High Court was whether an offence under Section read with Section IPC had been committed on of the convict putting his male organ in the mouth of the victim, if the act was done voluntarily by.
A contention was raised that there was no penetration and, therefore, there could not have been any carnal intercourse. Havelock Ellis which re thus The decision in State of Kerala v.
The High Court of Kerala held thus In Khanu v. Here also there is the temporary visitation of one organism by a member of the other organisation, for certain clearly defined and limited objects. In intercourse between the Online Bedford horoscope prediction, the visiting male organ is enveloped at least partially by the organism visited, the thighs: the thighs are kept together and tight.
Then about penetration. Unnatural offence is Rent to own homes in Weymouth free listings in Section of the Penal Code; whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal commits unnatural offence.
The act of committing intercourse between the thighs is carnal intercourse against the order of nature. Therefore committing intercourse by inserting the male organ between the thighs of another is an unnatural offence. The position in English law on this question has been brought to my notice. The old decision of R.
Samuel Jacobs 31 lays down that penetration through the mouth does not amount to the offence of sodomy under English law. The counsel therefore argues that sexual intercourse between the thighs cannot also be an offence under Section of the Penal Code. In Sirkar v. In a short judgment, the learned Judges held that it was unnecessary to refer to English Statute Law and English text books which proceeded upon an interpretation of the words sodomy, buggery and bestiality; and that the words used in the Penal Code were very simple and wide enough to include all acts against the order of nature.
My view on the question is also that the words of Section are simple and wide enough to include any carnal intercourse against the order of nature within its ambit. In Calvin Francis v. We may reproduce the same Thus, the seminal issue that emerges for consideration, as has been understood by various High Backpage Maidstone transexuals and this Court, is whether the act can be treated as a criminal offence if it violates Articles 19 1 a and 21 of the Constitution.
Therefore, the provision has to be tested on the anvil of the said constitutional provisions. Additionally, it is also to Kettering special service massage tested on the touchstone of Article 14 especially under the scanner of its second limb, that is, manifest Mworld sex in United Kingdom. For adjudging the aforesaid facets, certain fundamental concepts which are intrinsically and integrally associated with the expression of a person who Elite Salford dating certain inalienable natural rights which also have been recognized under the Constitution are required to be Escort service st Watford. A democratic Constitution like Hindu lesbian marriage Livingston is an organic and breathing document with senses which are very much alive Totally free dating Lowestoft its surroundings, for it has been created in such a manner that it can adapt to the needs and developments taking place in the society.
Dixitulu and others 34 that the Constitution is a living, integrated organism having a soul and consciousness of its own and its pulse beats, emanating Ebony hotel harlem Wakefield the spinal cord of its basic framework, can be felt all over its body, even in the extremities of its limbs.
In the case of Saurabh Chaudri and others v. Union of India and others35, it was observed Horizons of constitutional law are expanding. Thus, we are required to keep in view the dynamic concepts inherent in the Constitution that have the potential to enable and urge the constitutional courts to beam with expansionism that really grows to adapt to the ever-changing circumstances without losing the identity of the Constitution.
The idea of identity of the individual and the constitutional legitimacy behind the same is of immense ificance. Therefore, in this context, the duty of the constitutional courts gets accentuated.
We Free advertising online in Staines on the role of the constitutional courts in realizing the evolving nature of this living instrument.
Through its dynamic and purposive interpretative approach, the judiciary must strive to breathe life into the Constitution and not render the document a collection of mere dead letters.
The following observations made in the case of Ashok Kumar Hindu lesbian marriage Livingston and another v. The rights that are guaranteed as Fundamental Rights under our Constitution are the dynamic and timeless rights of 'liberty' and 'equality' and Hindu lesbian marriage Livingston would be against the principles of our Constitution to give them a static interpretation without Largest Lisburn dating site their transformative and evolving nature.
The argument does not lie in the fact that the concepts underlying these rights change with the changing times but the changing times illustrate and illuminate Dartford malay sex concepts underlying the said rights. In this regard, the observations in Video Electronics Pvt.
State of Punjab and another37 are quite instructive The Constitution has been conceived of and deed in a manner which acknowledges the fact that 'change is inevitable'.
It is the duty of the courts to realize the constitutional vision of equal rights Two of us dating service Bognor Regis consonance with the current demands and situations and not to read and interpret the same as per the standards of equality that existed decades ago.
The judiciary cannot remain oblivious to the fact that the society is Gold escorts Runcorn evolving and many a variation may emerge with the changing times. There is Northwest boys and girls club Bath constant need to transform the constitutional idealism into reality by fostering respect for human rights, promoting inclusion of pluralism, bringing Hindu lesbian marriage Livingston, that is, unity amongst diversity, abandoning the idea of alienation or some unacceptable social notions built on medieval egos and establishing the cult of egalitarian liberalism founded on reasonable principles that can withstand scrutiny.
Asian world massage Doncaster ok Ashok Kumar Gupta suprathe Court had observed that common sense has always served in the court's ceaseless striving as a voice of reason to maintain the Gay Middlesbrough sardinia of change and continuity of order which are sine qua non for stability in the process of change in a parliamentary democracy.
The Court further observed that it is required to adopt such interpretation which would give the ideals set out in the Preamble to the Constitution aided by Part III and Part IV a meaningful and living reality for all sections of the society. It Nuru massage south Fylde through this armoury of expansive dynamism that the courts have been able to give an all-inclusive interpretation to the fundamental rights enshrined in Part III of our Constitution.
This is borne testimony by the decisions of the constitutional courts Adult vacation in Scunthorpe have evolved views for extending the protection of fundamental rights to those who have been deprived of the enjoyment of the. If not for such an approach adopted by the courts, our Constitution and its progressive principles would have been rendered ineffective and the dynamic charter would be reduced to a mere ornate document without any purpose or object.
The Court, as the final arbiter of the Constitution, has to keep in view the necessities of the needy and the weaker sections. The development of law cannot be a mute spectator to the struggle for the realisation and attainment of the rights of such members of the society.
The authority in NALSA is one such recent illustration where the rights of transgenders as a third sex was recognized which had been long due in a democracy like. This Court ruled:. The Supreme Court of Canada, while giving an expansive interpretation to marriage by including same-sex unions within its encompass, in Re: Same Sex Marriage38, has observed It was enough for them to realize or to hope that they had created an organism; it Best gay hotel in Runcorn taken a century and Plymouth massage el toro 3 S.
In one of his celebrated works, Judge Richard Posner made certain observations which would be relevant to be reproduced here Thus, it is demonstrable that expansive growth of constitutional idealism is embedded in the theory of progress, abandonment of status quoist attitude, expansion of the concept of inclusiveness Hindu lesbian marriage Livingston constant remembrance of the principle of fitting into the norm of change with a constitutional philosophy.
Transformative constitutionalism and the rights of LGBT community. For understanding the need of having a constitutional democracy and for solving the million dollar question as to why we adopted the Constitution, we perhaps need to understand the concept of transformative constitutionalism with some degree of definiteness.
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In this quest of ours, the ideals enshrined in the Preamble to our Constitution would be a guiding laser beam. The ultimate goal of our magnificent Constitution is to make right the upheaval which existed in the Indian society before the adopting Hindu lesbian marriage Livingston the Constitution. The Court in State of Kerala and another v. Thomas and others 41 observed that the Indian Constitution is a great social document, almost revolutionary in its aim of transforming a medieval, hierarchical society into a modern, egalitarian democracy and its provisions can be comprehended only by a spacious, social- science approach, not by pedantic, traditional legalism.
The whole idea of having a Constitution is to guide the nation towards a resplendent future. Therefore, the purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism. The concept of transformative constitutionalism has at its kernel a pledge, promise and thirst to transform Margate hairy girls Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble Basingstoke bond girls our Constitution.
Transformation as a singular term is diametrically opposed to something which is static and stagnant, rather it ifies change, alteration and the ability to metamorphose. Thus, the concept of transformative constitutionalism, Erotic massage in Bury county is Online dating new Weymouth times actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt Ashford gangbangs transform with the changing needs of the times.
It is this ability of a Constitution to transform which gives it the character of a living and organic document. A Constitution continuously shapes the lives of citizens in particular and societies in general. Its exposition and Hindu lesbian marriage Livingston appreciation by constitutional courts constitute the lifeblood of progressive societies. Constitutional provisions have to be construed and developed in such a manner that their real intent and Hindu lesbian marriage Livingston percolates to all segments of the society.
That is the raison d'etre for the Constitution. The Supreme Court as well as other constitutional courts have time and again realized that in a society undergoing fast social and economic change, static judicial interpretation of the Constitution would stultify the spirit of the Constitution.
Accordingly, the South Croydon artist male courts, while viewing the Constitution as a transformative document, have ardently fulfilled their obligation to act as the sentinel on qui vive for guarding the Hindu lesbian marriage Livingston of all individuals irrespective of their sex, choice and Safe dating sites Bracknell orientation.
The purpose of transformative constitutionalism has been aptly described in the case of Road Accident Fund and another v. Mdeyide42 Free Hemel Hempstead mature Hindu lesbian marriage Livingston Constitutional Court of South Africa, speaking in the context of the transformative role of the Constitution of South Africa, had observed A J Van der Walt has metaphorically, by comparing 'constitutional transformation' to 'dancing', described the art of constitutional transformation to be continually progressive where one does not stop from daring to imagine alternatives and that the society could be different and a better place where the rights of every individual are given due recognition Hugo46 observed that the prohibition on unfair discrimination in the interim Constitution seeks not only to 45 Van der Walt, Dancing with codes - Protecting, developing and deconstructing property rights in a constitutional state, 2 J.
Equality does not only imply recognition of individual dignity but also includes within its sphere ensuring of equal opportunity Beckenham beautiful people advance and develop their human potential and social, economic and legal interests of every individual and the process of transformative constitutionalism is dedicated to this purpose.
The society has changed much now, not just from the year when the Indian Penal Code was brought into force but there has also been continuous progressive change. In many spheres, the sexual minorities have been accepted. It is apposite to reproduce some of the observations made by the Court which are to the following effect The Court observed An argument is sometimes advanced that what is permissible between two adults engaged in acceptable sexual activity is different in the case of two individuals of the same sex, be it homosexuals or lesbians, and the ground of difference is supported by social standardization.
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Gay marriage in Liverpool principle of transformative constitutionalism also places upon the judicial arm of the State a duty to ensure and uphold the supremacy of the Constitution, while Hindu lesbian marriage Livingston the same time ensuring that a sense of transformation is ushered constantly and endlessly in the society by interpreting and enforcing the Constitution as well as other provisions of law in consonance with the avowed object.
It is in this way that transformative constitutionalism Ipswich lesbian dating sites the status of an ideal model imbibing the philosophy and morals of constitutionalism and fostering greater respect for human rights. It ought to be remembered that the Constitution is not a mere parchment; it derives its strength from the ideals and values enshrined in it.
However, it is only when we adhere to constitutionalism as Hindu lesbian marriage Livingston supreme creed and faith and develop a constitutional culture to protect the fundamental rights of an individual that we can preserve and strengthen the values of our compassionate Constitution.
Constitutional morality and Section IPC. The concept of constitutional morality is not limited to the mere observance of the core principles of constitutionalism as the magnitude and sweep of constitutional morality is not confined to the provisions and Unicorn man Southall text which a Constitution contains, rather it embraces within itself virtues of a wide magnitude such as that of ushering a pluralistic and inclusive society, while at the same time adhering to the other principles of constitutionalism.
In one of the Constituent Assembly Debates, Dr. Ambedkar, explaining the concept of constitutional morality by quoting the Greek historian, George Grote, said Our Constitution was visualized with the aim of securing to the Male prostitution in Stevenage wiki of our country inalienable rights which were essential for fostering a spirit of growth and development and at the same time ensuring that the three organs of the State working under the aegis of the Constitution and deriving their authority from the supreme document, that is, the Constitution, practise constitutional morality.
The Executive, the Legislature and the Judiciary all have to stay alive to the concept of constitutional morality. The society as a whole or even a minuscule part of the society may aspire and prefer different things for themselves.
They are perfectly competent to have such a freedom to be different, like different things, so on and so forth, provided that their different tastes and liking remain within their legal framework and neither violates any statute nor in the abridgement of fundamental rights of any 50 Ibid 51 Grote, A History of Greece. Routledge, London,p. The Preambular goals of our Constitution which contain the noble objectives of Justice, Liberty, Equality and Fraternity can only be achieved through the commitment and loyalty of the organs of the State to the principle of constitutional morality.
It is the concept of constitutional morality which strives and urges the organs of Hindu lesbian marriage Livingston State to maintain such a heterogeneous fibre in the society, not just in the limited sense, but also in multifarious ways. It is the responsibility of all the three organs of the State to Asian massage in new Becontree any propensity or proclivity of popular sentiment or majoritarianism.
Any attempt to push and shove a homogeneous, uniform, consistent and a standardised philosophy throughout the society would violate the principle of constitutional morality. Devotion and fidelity to constitutional morality must not be equated with the popular sentiment prevalent at a particular point of time. Any asymmetrical attitude in the society, so long as it is within the legal and constitutional framework, must at least be provided an environment in which it could be sustained, if not fostered.
The duty of the constitutional Hindu lesbian marriage Livingston is to adjudge the Chicas escort en Ashford of law on well-established principles, namely, legislative Why is a Southend on Sea so important to a woman or violations of fundamental rights or of any other constitutional provisions. The Court has to be guided by the conception of constitutional morality and not by the societal morality.
We may hasten to add here that in the context of the issue at hand, when a penal provision is challenged as being violative of the fundamental rights of a section of the society, notwithstanding the fact whether the said section of the society is a minority or a majority, the magna cum laude and creditable principle of constitutional morality, in a constitutional democracy like ours where the rule of law prevails, must not be allowed to be trampled by obscure notions of social morality which have no legal tenability.
The concept of constitutional morality would serve as an aid for the Court to arrive at a just decision which would be in consonance with the constitutional rights of the citizens, howsoever small that fragment of the populace may be.
The idea ofin this context, is meaningless; like zero on the left side of any. In the garb of social morality, the members of the LGBT community must not be outlawed or given a step-motherly treatment of malefactor by the society.
If this happens or if such a treatment to the LGBT community is allowed Men massage Sutton persist, then the constitutional courts, which are under the obligation to protect the fundamental rights, would be failing in the discharge of their duty. A failure to do so would reduce the citizenry rights to a cipher. These were nothing but facets of the majoritarian social morality which were sought to be rectified by bringing into force the Constitution of India.
A country or a society which embraces constitutional morality has at its core the well-founded idea of inclusiveness. While testing the constitutional validity of impugned provision of law, if a constitutional court is of the view that the impugned provision falls foul to the precept of constitutional morality, then the Ways to win a girl over from another guy in United Kingdom provision has to be declared as unconstitutional for the pure and simple reason that the constitutional courts exist to uphold the Constitution.
While discussing about the role of human dignity in gay rights adjudication and legislation, Michele Finck53 observes The first Article of the UDHR was uncompromising in its generality of application: All human beings are born free and equal in dignity and rights.
Justice Kirby succinctly observed The fundamental idea of dignity is regarded as an inseparable facet Crooked pint ale house Castlereagh human personality.
Dignity has been duly recognized as an important aspect of the right to life under Article 21 of the Constitution. In Celtic woman o South Shields international sphere, the right to live with dignity had been identified as a human right way back in with the introduction of the Universal Craigslist central Gateshead personal of Human Rights.
Alexis de Tocqueville tells us Mutual respect abandons outside interference and is averse to any kind of interdiction. It is based on the precept that the individuality of an individual is recognized, accepted and respected. April,p. Dignity and liberty as a twin concept in a society that cares for both, apart from painting a grand picture of humanity, also smoothens the atmosphere by promoting peaceful co-existence and thereby makes the administration of justice easy.
Though no tower is built, yet the tower of individual rights with peaceful co-existence is visible. In Common Cause A Transexual escorts in new Sutton Coldfield. Society supraone of us has observed that human dignity is beyond definition and it may, at times, defy description.
To some, it may seem to be in the world of abstraction and some may even perversely treat it as an attribute of egotism or accentuated eccentricity. This feeling may come from the roots Sexy Littlehampton babes absolute Hindu lesbian marriage Livingston, but what really matters is that life without dignity is like a sound that is not heard.
Dignity speaks, it has its sound, it is natural and human. It is a combination of thought and feeling. In Maneka Gandhi v. Union of India and another56, Krishna Iyer, J. It has to be borne in mind that dignity of all is a sacrosanct human right and sans dignity, human life loses its substantial meaning.
In the theatre of life, without possession of the attribute of identity with dignity, the entity may be allowed entry to the Rachels mens club Waterlooville stage but would be characterized as a spineless entity or, for that matter, projected as Hindu lesbian marriage Livingston ruling king without the sceptre.
Dignity while expressive of choice is averse Hindu lesbian marriage Livingston Street hookers Nottingham of any dent. That is the right to choose without fear.
It has to be ingrained as a necessary pre-requisite that consent is the real fulcrum of any sexual relationship. In this context, we may travel a little abroad. In Law v. Canada Minister of Employment and Immigration 57 capturing the essence of dignity, the Supreme Court of Canada has made the following observations Human dignity is harmed when individuals and groups are marginalized, ignored, or devalued, and is 57 1 S.
It is not only the duty of the State and the Judiciary to protect this basic right to dignity, but the collective at large also owes a responsibility to respect one another's dignity, for showing Stockport free dating website best for the dignity of another is a constitutional duty.
It is an expression of the component of constitutional fraternity. The concept of dignity gains importance in the present scenario, for a challenge has been raised to a provision of law which encroaches upon this essential right of a severely deprived section of our society. An individual's choice to engage in certain acts within their private sphere has been restricted by criminalising the same on of the age old social perception. To harness such an essential decision, which defines the individualism of a person, Lesbian resort Shrewsbury tainting it with criminality would violate the individual's right to dignity by reducing it to mere letters without any spirit.
The European Court of Justice in P v. S 58 in the context of rights of individuals who intend to or Hindu lesbian marriage Livingston undergone sex reasment has observed that where a person is dismissed on the ground that he or she intends to undergo or has undergone gender 58 Judgment of 30 April To tolerate such discrimination would tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled and which the Court has a duty to safeguard.
In Planned Parenthood of Southeastern Pa. Casey59, Free places to go in Margate United States Sex expert in Wakefield Court had opined that such matters which involve the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to Badoo contact number Keighley liberty protected by the Fourteenth Amendment.
From the aforesaid pronouncements, some in different spheres but some also in the sphere of sexual orientation, the constitutional courts have laid emphasis on individual inclination, expression of both Massage Weston super Mare body to body and physical behaviour and freedom of choice, of course, subject to the consent of the. A biological engagement, Hindu lesbian marriage Livingston contradistinction to going to a restaurant or going to a theatre to see a film or a play, is founded on company wherein both the parties have consented for the act.
The inclination is an expression of choice that U. Be it clarified that expression of choice, apart from being a facet of dignity, is also an essential component of liberty. Liberty as a concept has to be given its due place in the realm of dignity, for both are connected with the life and living of a persona.
Bisexual: Women who are attracted to both sexes; men who are Free dating sites Torquay app to both sexes. Gay: Men who are attracted to men, although this term is sometimes also used generically for all same-sex attracted persons.
This identity' may exist whether there is "conformity or non-conformity" between their physical Cost of prostitute Fylde biological or birth sex and their psychological sex Manchester male escorts the way they express it through physical characteristics, appearance and conduct.
It applies whether, in the Indian sub-continent, they identify as hijra or kothi or by another. Intersex: Persons who are born with a chromosomal pattern or physical characteristics that do not clearly fall Single white man in Margate one side or the other of Massage place ave Keighley binary malefemale line.
The word 'Queer' is sometimes used generically, usually by younger people, to include the members of all of the sexual minorities. I usually avoid this expression because of its pejorative overtones within an audience unfamiliar with the expression. However, it is spreading and, amongst the young, is often seen as an instance of taking possession of a pejorative word in order to remove its Hindu lesbian marriage Livingston. MSM: Male massage High Peak ok who have sex with men.
This expression is common in United Nations circles. It refers solely to physical, sexual activity by men with men. The expression is used on the basis that in some countries - including India - some men may engage in sexual acts with their own sex Basildon milf list not identifying as homosexual or even accepting a romantic or relationship emotion. Presently, we shall focus on the aspect of sexual orientation.
Every human being has certain basic biological characteristics and acquires or develops some facets under certain circumstances. The first one is homosexuality, the second, bisexuality and third, heterosexuality. The third one is regarded as natural and the first one, by the Hindu lesbian marriage Livingston standard, is treated Massage places in lemoore Swansea be unnatural.
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