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Case Number Name Description before the Court Details SLP (C) No. 15436/2009 (CC No. 9255/2009)

For Article 377

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Government Organization

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  • Delhi Commission for Protection of Child Rights

Petitioner (Not parties before the High Court) The petitioner has been constituted under the Commissions for Protection of Child Rights Act, 2005 read with GoI MHA notification dt. 15.1.2008. Under Sec 13(1j) the Commission is empowered to take suo moto notice of deprivation and violation of child rights, non implementation of laws providing for protection and development of children, and non compliance of policy decisions, guidelines or instructions aimed at mitigating hardship and ensuring welfare of children and providing relief. Its functions include: study and monitor matters relating to constitutional and legal rights of children; examine and review safeguards for protection of child rights and effective implementation of the same; review existing law and recommend amendments; look into complaints of taking suo moto action in cases involving violation of child rights; monitor implementation of laws; present reports to the Central Government. It is the moral duty of the Commission to protect the best interest of children and provide them with an atmosphere where the freedom and dignity of all children is safe and a child may bloom without any fear of abuse, exploitation and deprivation.

http://m.firstpost.com/life/why-delhi-child-rights-commission-opposed-de-criminalisationgay-sex-1286883.html?page=1


http://timesofindia.indiatimes.com/india/Supreme-Court-directs-Centre-to-provide-number-of-homosexuals-in-India/articleshow/12095957.cms?referral=PM

NGO

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SLP (C) No. 286/2010 Joint Action Council, Kannur Petitioner (respondent 6 – Intervener before the High Court) http://kafila.org/2009/08/06/it-will-lead-to-the-commodification-of-homosexuals/

Religious Organization

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  • Trust God Missionaries - Interveners – IA No. 7/2010 - The applicant is a registered charitable trust having the main aim to preserve and protect life for humanity and earth and takes support from human rights, social and religious organisations, such as CBCI, NCCI and KCBC, etc. The applicant claims to be vitally interested in the outcome of the appeal and is an affected party.
  • SLP (C) No. 872/2010 - The Tamil Nadu Muslim Munnetra Kazhagam - Petitioner (not a party before the High Court). The petitioner is a registered trust working for the betterment of the poor and downtrodden in general and for those belonging to the minority Muslim community in particular. It is a mass based voluntary organisation of Muslims of Tamil Nadu functioning since 1955 in Tamil Nadu. The president appeared before the UN Minority Rights Working Group and the organisation has set up a Tsunami Relief Fund of Rs 7 million. It has worked against spread of AIDS and has worked in blood donation and has been given two awards by the Tamil Nadu State AIDS Control Board.
  • CC No. 19478/2009 - Utkal Christian Council rep. by Secretary Miss Jyotsna Rani Patro. Petitioner (not a party before the High Court) Note: There is no information on the petitioner in the SLP.
  • CC No. 425/2010 - All India Muslim Personal Law Board - Petitioner (not a party before the High Court) The petitioner is a registered society established to protect and preserve Muslim Personal Laws. It strives to uphold the traditional values and ethos of the Muslim community and promotes essential values of Islam and also a national ethos among Muslims. The members of the society are religious scholars (ulemas), Muslim intellectuals and professionals from different disciplines.
  • SLP (C) No. 20914/2009 - Apostolic Churches Alliance rep. by its bishop Sam T. Varghese. Petitioner (not a party before the High Court) With a desire to promote unity, build relationships, and see increased cooperation amongst Churches, a few pastors from growing independent churches in Kerala have come together and formed a body called the “Apostolic Churches Alliance” (ACA). The Alliance has been formed with the primary purpose of addressing spiritual, legal or any other kind of issue which may be relevant to the Churches at any given time or place. The ACA is a registered body with nine Pastors as members of the Core Group and is in its early stages of growth. Pastor Sam T. Varghese of Life Fellowship, Trivandrum, serves as its General Overseer.

CC No. 14042/2009 Sanatan Dharam Pritinidhi Sabha Delhi (Registered) Petitioner (not a party before the High Court)

Political parties

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  • SLP (C) No. 36216/200 - Krantikati Manuvadi Morcha Party & Anr. Petitioner (not a party before the High Court) Krantikari Manuwadi Morcha (Revolutionary Manuist Front), is a Hindutva political organisation in India. It is one of the registered unrecognized political parties in India. The president of KMM is Ram Kumar Bhardwaj, grandson of freedom fighter Rudra Dutt Bhardwaj.

Individuals

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  • SLP (C) No. 20913/2009 - Sh. S.K. Tijarawala Petitioner (not a party before the High Court) Petitioner is spokesperson of Yoga Guru Swami Ramdev Ji is running a social welfare trust in the name of “Bharat Swabhiman” Patanjali Yogpeeth Trust. Petitioner is an eminent social worker and writer interested in protecting cultural values of the Indian society.
  • CC No. 13105/2009

Ram Murti Petitioner (not party before the High Court He is a citizen of India and has a duty to report if something illegal is happening http://ibnlive.in.com/news/parties-for-and-against-section-377-in-court/438961-3.html

  • SLP (C) No. 34187/2009

B. Krishna Bhat Petitioner (not a party before the High Court) The petitioner is a citizen of India and a public spirited individual, social worker and environmentalist who believes in the Rule of Law and has successfully prosecuted a number of PILs in Karnataka High Court, other High Courts and the Supreme Court on issues of protection of green belt, illegal extraction of monies from citizens of Bangalore, property taxes, illegal mining, stray dog menace, development of tanks, shifting of slaughter house, caste based reservation, etc.


  • SLP (C) No. 25364/2009

Prof. Bhim Singh - from Panther Party Petitioner (not a party before the High Court)

http://www.bhagwad.com/blog/2009/rights-and-freedoms/section-377-mess-in-the-sc-hearing-for-29th-oct-2009.html/

Against Article 377

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NGO

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SLP (C) No. 873/2010 Raza Academy Petitioner (not a party before the High Court) The petitioner is an organisation working for welfare of the general public and it has done tremendous work in public interest.

Individuals

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Mr. Shyam Benegal Intervener – IA No. 6/2009 The applicant is a film maker and a citizen. He seeks impleadment in the SLP in light of the fact that due to the misunderstanding and confusion of thought with regard to homosexuality, all points of view must be projected before this Hon’ble Court.

Minna Saran & Others (Parents of LGBT Children) Interveners – IA No. 8/2010 The applicants are parents of lesbian, gay, bisexual and transgender persons from different professional, socio-cultural backgrounds and different regions of India. They have a direct and immediate stake in the proceedings and are necessary and proper parties. No prejudice will be caused to the petitioners if the applicants are impleaded but the applicants will sufferer irreparable harm and damage as criminalisation not only affects the LGBT persons but also their families. Their struggles of having to understand sexuality at odds with Section 377 IPC have resulted in accepting their children’s sexuality and they are acutely aware of the social stigma prejudice, myths and stereotypes that surround the subject of homosexuality in India.

Dr. Shekhar Seshadri & Others (Professor of Psychiatry at the National Institute of Mental Health and Neuro Sciences, Bangalore) Interveners - IA No. 9/2010 The Applicants are mental health professionals who have been practising as psychiatrists, clinical psychologists and behavioral psychologists in the field of mental health in reputed medical institutions throughout India. They claim to have had considerable expertise in addressing the mental health concerns of Lesbian, Gay, Bisexual and Transgender persons. The Applicants submit that sexual orientation is an immutable characteristic and is present at birth.

Nivedita Menon & Others (Professor in Political Thought, Jawaharlal Nehru University) Interveners - I.A. No. 10/2010 The Applicants are academicians who wish to contribute to the debate on the issues raised by the judgment and to draw attention to the mental distress caused to the LGBT community.


Ratna Kapur & Ors. Interveners – IA No. 13/2011 The applicants are law professors, teachers and research associates with Jindal Global Law School working in different fields of law such as jurisprudence, human rights, sexuality studies and law, criminal justice, and cultural studies and law, and feminist legal theory. They are concerned with the correct interpretation of statutes and the constitutional validity of Section 377 IPC.

Need to research their stance

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Political Party

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Samajik Ekta Party Intervener – IA No. 4/2009 The applicant is a political party registered by the Election Commission of India under Sec 29A, Representation of People Act, 1951 vide order dt. 20.4.1995. It is interested in the welfare of the citizens, their rights, functioning of the State and interest of public at large.

Advocates

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  • Shri Amrendra Sharan, Senior Advocate appearing for the appellant in Civil Appeal arising out of SLP(C) No.24334/2009 – Delhi Commission for Protection of Child Rights led arguments on behalf of those who have prayed for setting aside the impugned order.
  • He was supported by Shri V. Giri, Senior Advocate appearing for Apostolic Churches Alliance [SLP(C) No. 20914/2009] and Utkal Christian Council [SLP(C) No.19478/2009],
  • Shri K. Radhakrishnan, Senior Advocate appearing for intervener – Trust God Missionaries,
  • S/Shri Sushil Kumar Jain, counsel for the appellant - Kranthikari Manuvadi Morcha Party (SLP(C) No.36216/2009),
  • Huzefa Ahmadi appearing for All India Muslim Personal Law Board (SLP(C) No. CC425/2010),
  • Purshottaman Mulloli appearing in person for Joint Action Council, Kannur (SLP (C) No.286/2010),
  • Ajay Kumar for the appellant – S.K. Tijarawala (SLP(C) No.20913/2009),
  • Praveen Agrawal, counsel for the appellant –Suresh Kumar Koushal (SLP(C) No.15436/2009,
  • H.P. Sharma, counsel for the appellant – B.P. Singhal (SLP(C) No.22267/2009),
  • K.C. Dua, counsel for appellant – S.D. Pritinidhi Sabha Delhi (SLP(C) No.CC 14042/2009),
  • P.V . Yogeswaran for appellant – Bhim Singh (SLP(C) No.25346/2009),
  • Lakshmi Raman Singh, counsel for appellant – Tamil Nadu Muslim Munn. Kazhgam and
  • Mushtaq Ahmad, counsel for appellant - Raza Academy (SLP(C) No.873/2010).

Arguments

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Shri Amarendra Sharan made the following arguments: 

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