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In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.
In separate but unanimous verdicts, a five-judge Constitution Bench of Chief Justice Dipak Misra, Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra partially struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional.
The bench said it is no longer an offence for LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community to engage in consensual sex between two adults in private.
Reading out the judgment, Chief Justice Misra said attitudes and mentality have to change to accept others’ identity and accept what they are, and not what they should be.
“It is the constitutional and not social morality which will prevail,” said the court.
The verdict sparked celebrations in the LGBTIQ community across India even as the judgment was being read out. Many of the community members who had assembled outside the apex court jumped in joy and distributed sweets.
Chief Justice Misra said consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.
Section 377 will not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians, the court said, clarifying that sexual act without consent and bestiality will continue to be an offence under section 377.
“An individual has full liberty over his or her body and his or her sexual orientation is a matter of one’s choice,” said the Chief Justice.
“Time to bid adieu to prejudicial perceptions deeply ingrained in social mindset. Time to empower LGBTIQ community against discrimination. They should be allowed to make their choices,” he added.
In a concurring judgement, Justice Nariman said homosexuality is “not a mental disorder or disease”.
He said the LGBTIQ community has an equal right to live with dignity and are entitled to equal protection of law. He directed the Centre to give wide publicity to this judgment to remove the stigma attached to homosexuality.
Justice Chandrachud said to deny the LGBTIQ community their right to sexual orientation is a denial of their citizenship and a violation of their privacy.
“They cannot be pushed into obscurity by an oppressive colonial legislation… Sexual minorities in India have lived in fear, hiding as second class citizens,” said Justice Chandrachud, adding “the state has no business to intrude on such matters”.
Justice Indu Malhotra said that history owes an apology to the LGBTIQ community for all that they have suffered on account of the ignorance of the majority about homosexuality.
“LGBTIQ people have a right to live unshackled from the shadow,” she said.
The Supreme Court verdict, which overruled its own earlier judgment, assumes significance as in the earlier round of litigation in 2013, the top court had reversed a Delhi High Court ruling decriminalising homosexuality.
The Delhi High Court bench, headed by then Chief Justice A.P. Shah, had in July 2009 legalised homosexual acts between consenting adults by overturning the 149-year-old law — finding it unconstitutional and a hurdle in the fight against HIV/AIDS.
In December 2013, a Supreme Court bench comprising Justice G.S. Singhvi and Justice S.J. Mukhopadhaya in the Suresh Kumar Koushal and another vs Naz Foundation and others case, had set aside the high court’s judgment and said that it was for the legislature to look into desirability of deleting section 377 of IPC.
The matter was subsequently resurrected in July 2016, when a fresh petition was filed by members of the LGBTIQ community — dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur — which was then marked to the Constitution Bench by a Division Bench.
The reference was made on the basis of submission that it was the first time that individuals directly affected by the provision were approaching the court.
Among the petitioners are a batch of current and former students of Indian Institutes of Technology. Claiming to represent more than 350 LGBTIQ alumni, students, staff and faculty from the IITs, the petitioners said that the existence of Section 377 had caused them “mental trauma and illnesses, such as clinical depression and anxiety and relegated some of them to second-class citizenship”. (IANS)
Great historic events that have shaped the world and changed the outlines of countries are often not recorded in memory, or so we think. Wars made sure to destroy evidence and heritage, and the ones who survived told the tale of what really happened. Folklore, albeit through oral tradition kept alive many such stories, hidden in verse, limericks, and rhymes.
Ringa-ringa-roses, a common playtime rhyme among children across the world, is an example of folklore that has survived for many centuries. It tells the story of the The Great Plague of London which ravaged the city between 1665-1666.
The Plague broke out from improper disposal of garbage and poor sewage conditions. Fleas from the rats that lived in the sewers spread the disease that killed more than half of London's population. Many people fled from their homes as there was no medicine available for those who were infected.
Beak-shaped masks worn during the Great Plague of London Image source: wikimedia commons
It was around this time that masks began to be invented. The first masks were shaped like beaks, and were worn not to protect the wearer from the disease, but to the prevent them from being able to smell the decay and death around them, which they called 'miasma'. The beaks were filled with floral herbs that allowed doctors and nurses to tend to the sick without being reviled from the smell.
Children are often seen forming circles by holding hands and reciting loudly,
Pockets full of posies
We all fall down"
An illustration of the Great Plague of London, 1665 Image source: wikimedia commons
When the last line is sung, they break the circle and fall down. The roses and posies are believed to be the preferred fragrances inside the masks, and a single sneeze (a-tishoo) was enough to infect the one who was exposed to the disease. Consequently, they fell down, ill, and later died.
An alternative version of this rhyme is sung about the fall of Hiroshima and Nagasaki in the aftermath of World War II. The roses and posies are interchanged with geranium and uranium, to symbolise what was used in the atomic bomb. But this version is not as famous the original.
Keywords: Rhymes, Ringa-ringa-roses, Great Plague of London, WWII, Hiroshima, Nagasaki, Folklore
In modern times, many social movements aim to bring reform to the society we live in, on the basis of certain existing patterns. Patriarchy is something that many aim to cleanse our cultures of, to usher in the era of social and gender equality. Despite all these so-called movements, in southern India, certain societies that patronise matriarchy have existed since before India's independence. The Nairs and Ezhavas of Kerala, and Bunts and Billavas of Karnataka are matrilineal societies that continue to thrive in a patriarchal country.
Kerala remains separate from the rest of India in many ways. Be it literacy policy, form of government, or cultural practices, this state does not always conform to the ideal that India is known for. Even so with their social structure. Certain tribes have remained matrilineal, where the decision-making power rests with the eldest female of the family.
The Nairs and Ezhavas of Kerala, and Bunts and Billavas of Karnataka are matrilineal societies that continue to thrive in a patriarchal country. Image source: wikimedia commons
A male member, who is the close confidante of the matriarch is chosen. He plays a crucial role in representing the male members of his family, and his opinion is highly valued. He is called karavanan. The men reside in separate rooms or in separate houses, and do not interfere in the upbringing of children. Property is also passed down along the lineage of the eldest female. Among the Nairs, matriarchy is more prominently adhered to than the Ezhavas, who have some patrilocal connections.
In Karnataka, the Bunts and Billavas belong to the Tuluva ethnic group. They are also a predominantly matriarchal society, founded on the belief in a legend. Their matrilineal descent is known as Aliyasantana.
The story is told of a demon who threatened to destroy a kingdom if the king did not sacrifice his sons, but the king's sister comes forward to offer her children in sacrifice for the sake of the kingdom. The demon is touched and does not destroy the city. Since then, the kingdom, or the property is inherited through female lineage.
In Karnataka, the Bunts and Billavas belong to the Tuluva ethnic group. They are also a predominantly matriarchal society, founded on the belief in a legend. Image source: wikimedia commons
In the recent past, many of these matriarchal societies have been reduced to matrilineal societies by certain governmental laws. They fall under the patriarchal scheme of the rest of the state but have reserved the right to pass on property and heritage through the female line. In the North east of India, matriarchal dominance is far more resilient than the south.
Keywords: Bunts, Billava, Nair, Ezhava, Aliyasantana, Matrilineal, South India, Karnataka, Kerala
Apple inc. Is an American multinational tech firm specialized in consumer electronics, computer programs, and internet services founded by Steve Jobs, Steve Wozniak, and Ronald Wayne in 1976 to manufacture Wozniak's Apple iComputer. It is the world's top tech company in turnover (totaling $274.5 billion in 2020) and its most valuable corporation. Apple is the fourth-largest PC seller by unit sales and the fourth-largest smartphone manufacturer in the world.
Apple has revealed a slew of new products at a special launch event that has been long-awaited. On the day of the live event, Apple announced the iPad mini, Apple Watch Series 7, iPhone 13 mini, and iPhone 13, as well as the iPhone 13 Pro and iPhone 13 Pro Max.
Apple has revealed a slew of new products at a special launch event that has been long-awaited. | Photo by Daniel Romero on Unsplash
In the first major product announcement during the event, Apple introduced the newest edition of the iPad and a 5G-capable iPad Mini.
iPad: The 10.2-inch iPad is equipped with a solid A13 processor that delivers 20 percent quicker performance than the preceding version. According to Apple, it is now three times faster than a Chromebook. A new 12MP ultra-wide camera with Center Stage, which utilizes machine learning to optimize the front-facing camera during FaceTime video chats, as well as more incredible accessory support, including compatibility with the first-generation Apple Pencil, are among the new features. For 64GB of storage, the iPad costs $329.
iPad Mini: In addition to reduced borders and more rounded edges, the 8.3-inch iPad mini also has improved front and back cameras. A liquid retina display, USB-C compatibility, magnetic support for the Apple Pencil, an enhanced speaker system, and new hues such as pink and purple are all features of the new Apple iPad Mini. The starting price is $499.
In the first major product announcement during the event, Apple introduced the newest edition of the iPad and a 5G-capable iPad Mini. | Photo by Leone Venter on Unsplash
The other major unveiled products include:
iPhone 13 and other variants: The iPhone 13 range is almost identical to the iPhone 12 lineup, with a 5.4-inch iPhone 13 Mini, a 6.1-inch iPhone 13, a 6.1-inch iPhone 13 Pro, and a 6.7-inch iPhone 13 Pro Max. It was also revealed that the Watch Series 7 has a smaller "S7" processor, which may allow for a bigger battery or other components to be housed in a smaller footprint. The gadgets have a revolutionary design that includes a dual-camera system, placed diagonally. Apple's iPhone 13 and iPhone 13 mini have longer-lasting batteries than the previous generation of devices. In addition, Apple claims that the iPhone 13 will have a battery life that is 2.5 hours longer than the iPhone 12, and the iPhone 13 mini will have a battery life that is 1.5 hours longer. A more energy-efficient display, an upgraded 5G chip, and functionality called "Cinematic Mode," similar to the famous Portrait mode function but is only available for movies, are among the other enhancements. The A15 Bionic chip present in the iPhone 13 and iPhone 13 mini is also used in the 6.1-inch iPhone 13 Pro and 6.7-inch iPhone 13 Pro Max, also 6.1-inch devices. However, it also has a five-core CPU, which promises graphics that are 50% quicker than previous models. Other notable features of the Pro devices include a brilliant Super Retna XDR display with a higher refresh rate and long-lasting battery life. Now, for the price, it will start at $699 for the iPhone 13 mini with 128 GB of storage, $799 for the iPhone 13 with 128 GB of storage, and the Pro and Pro Max have starting prices of $999 $1,099, respectively.
Apple Watch Series 7: The new Apple Watch Series 7, which is smaller and has a larger screen than its previous model, was introduced by Apple on Wednesday. There is a 20% increase in screen size over Series 6 on the new watch. A complete keyboard that you can touch or slide to write out text messages can show 50% more text. It starts at $399.
Keywords: Apple, iPad, iPad Mini, iPhone 13, iPhone 13 pro, iPhone 13 Pro Max, iPhone Mini, Apple event 2021