Section 377 curative petition status. Curative Peti...


  • Section 377 curative petition status. Curative Petition in Supreme Court. Understanding the As a result, a catena of judgments have been passed regarding the constitutionality of Section 377, resulting from a plethora of petitions filed in high courts across On his last day as a Supreme Court judge, Singhvi J pronounced the much awaited Naz Foundation judgment upholding the constitutional validity of Sec. Under section 377, “voluntarily ha[ving] carnal intercourse against the order of nature with any man, woman or animal” is a criminal offence and has been used to persecute people for their real or purported engagement in consensual same-sex sexual conduct. The following document provides answers to Through the Curative Petition, the Supreme Court upheld the principle that no technicality should hamper the interests of justice. Who can file it. Friday this week. The review petition filed was. What are the Conditions under order XLVIII of Supreme Court Rules 2012 Curative petition is the last constitutional remedy available to a person Curative Petition in Supreme Court. 76 of 2016 challenging the validity of Section 377 of the Penal Code, 1860. The inf The Supreme Court will hear on Tuesday a curative petition filed by gay activists and Naz Foundation seeking to cure “defects” in the judgment upholding the validity of Section 377 IPC, which New Delhi: The Supreme Court on Thursday declared as infructuous curative petitions filed against the December 11, 2013 judgment by a two-judge bench, criminalising homosexuality under Section 377 Even assuming that the curative petition is allowed and Section 377 read down to exclude consensual homosexual intercourse, the provision will remain in the The parameters within which a curative petition may be allowed are narrow and therefore, such petitions when allowed are treated to be rare. Naz Foundation, (2014) 1 SCC 1. What are the Conditions under order XLVIII of Supreme Court Rules 2012 Curative petition is the last constitutional remedy available to a person The second order, dated 29 June 2016, dealt with Writ Petition (Criminal) No. It is considered as the last and final option available for redressal Curative Petition (Naz Foundation) - Free download as PDF File (. This document outlines the key details and timeline The Supreme Court today has held the curative petition wherein it had upheld section 377 of the Indian Penal Code which criminalized consensual Curative Petitions constitute a special, extraordinary jurisdiction of the Supreme Court, carved out of its inherent powers under Art. 142 of the Constitution of India. Since it’s Two years after the Supreme Court dismissed a review petition filed in Suresh Koushal vs Naz Foundation, in which the court had held Section 377 of the Indian Penal Code to be constitutional, Koushal v. The Division Bench was informed that a Constitution On May 11, 2011, a five-Judge Constitution Bench of the Supreme Court had given ruling on the curative petition filed by the CBI against the Court’s judgment in The curative petition challenging the Constitutional validity of Section 377 might be listed before Supreme Court on September 8, i. It further stated: “rendering justice in a cause is not less important A 5-judge bench of the Supreme Court held that the curative petition filed against the 2013 judgement, which upheld Section 377 of the Indian Penal Code (which criminalized A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. 377 of IPC. After dismissal of Review Petitions filed to challenge the said judgment, Curative Petitions were filed, and this Hon’ble Court has been pleased to direct the The petition argued that Section 377 was discriminatory and violated fundamental rights guaranteed by the Indian Constitution, particularly the right to equality The Supreme Court struck down Section 377 of the Indian Penal Code to the extent that it criminalised same-sex relationships. It deals with the review of judgments or orders by the The curative petitions were filed in 2014 against the judgment in Suresh Koushal vs. When Section 377 IPC is decriminalized, a married woman would A curative petition is a relatively new process by which the Supreme Court may choose to exercise it’s inherent powers to review it’s own decision. e. pdf), Text File (. 129 and Art. txt) or read online for free. Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any It serves as an extraordinary recourse that allows the Supreme Court of India to reconsider a dismissed review petition in cases where In the latest developments in the Section 377 issue, the Supreme Court is set to hear a curative petition filed by gay rights activists and Naz Foundation on 2 February. A petitioner convicted under the Terrorist and Disrptive Activities (Prevention) Act filed a Curative petition to commute his death sentence to life The concept of curative petition is contained in Article 137 of the Constitution of India, 1950 (COI). Naz Foundation The Supreme Court today has held the curative petition Decriminalizing Section 377 would render the forced acts under the section remediless.


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