SC REFUSES TO ALLOW SAME-SEX MARRIAGE, SAYS IT’S FOR PARLIAMENT TO CHANGE LAW

Holding that there’s no fundamental right to marry, the Supreme Court on Tuesday refused to allow same-sex marriages in India even as it directed the Centre to set up a high-powered committee, headed by the Cabinet Secretary, to decide the rights and entitlements of persons in queer unions.

A five-judge Constitution Bench led by CJI DY Chandrachud unanimously turned down petitions seeking to allow same-sex marriages under the Special Marriage Act, saying it’s for Parliament to effect changes in the law for validating such unions.

There were four judgments — one each pronounced by CJI Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha. Justice Hima Kohli agreed with Justice Bhat. In their verdicts, the judges agreed on certain issues and differed on others.

“The Constitution does not expressly recognise a fundamental right to marry,” wrote the CJI. Similarly, Justice Bhat ruled: “There is no unqualified right to marriage except that recognised by a statute, including space left by custom.”

The possibility of a civil union was turned down 3-2. While the CJI and Justice Kaul ruled in favour of civil union, Justice Bhat, Justice Kohli and Justice Narasimha opined against it.

“An entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status upon the parties to the relationship can be only through enacted law. A sequitur of this is that the court cannot enjoin or direct the creation of such regulatory framework resulting in legal status,” Justice Bhat wrote. The Bench, which reserved the verdict on May 11 on the contentious issue after hearing marathon arguments for 10 days during April-May, directed the govt to set up a high-powered committee to decide the rights and entitlements of persons in queer unions.

The Bench, however, ruled transgender persons in heterosexual relationships have a right to marry as per the existing statutory laws or personal laws.

Maintaining that gender of a person was not the same as their sexuality, CJI Chandrachud said: “Therefore, since a transgender person could be in a heterosexual relationship, a union between a transman and a transwoman or vice-versa could be registered under the Special Marriage Act and other existing laws.”

The bench also ruled that queer couples can’t adopt a child. The Central Adoption Resource Authority norms barring unmarried persons or queer couples from adopting kid, ware upheld.

POLITICAL PARTIES LARGELY ON SAME PAGE ON ISSUE OF SME-SEX MARRIAGE

Most of the parties either chose to remain silent on the top court’s judgment or took a stance that it has to be studied in detail.

While the RSS and VHP welcomed the top court’s verdict, the ruling BJP remained silent, which was predictable given that the govt was opposed to the pleas.

Congress communication head Jairam Ramesh said, “On the same-sex marriage and related issues we are studying the different and differing judgments delivered in the Supreme Court today and will have a detailed response subsequently. Indian National Congress has always stood with all our citizens to protect their freedoms, choices, liberties and rights. We, as a party of inclusion, firmly believe in non discriminatory processes — judicial, social, and political.”

While the JD(U) said it was not in support of same-sex marriage, the SP and BSP said they were studying the judgment.

JD(U) spokesperson K C Tyagi said while no one was against anybody’s freedom, his party was not in support of same-sex marriage. He said the JD(U) will not stand in support if the govt brings a Bill in Parliament.

Calling the issue a “legal matter”, SP MP Javed Ali Khan declined to comment. BSP MP Ramji Gautam said he will comment only after studying the judgment.

The CPI(M) and the CPI did not issue any statements. It is another matter that they were the only parties that took a clear position supporting decriminalisation of same-sex relations when the Delhi High Court first ruled in 2009 that consensual intercourse between two adults was not illegal.\

PM SETS SPACE TARGET: INDIAN SPACE STATION BY 2035, MAN ON MOON BY '40:

Eyeing a major share of the global space market currently dominated by the US and China, India on Tuesday set ambitious goals for the national space agency with an aim to set up a space station by 2035 and send a man on moon by 2040.

ISRO chairman S Somanath today presented space mission goal objectives at a review meeting of the Department of Space chaired by Prime Minister Narendra Modi where he also reviewed readiness of Gaganyaan, the human space flight mission for which the first precursor unmanned test flight is to be launched by ISRO on October 21.

Building on the success of the Indian space initiatives, including the recent Chandrayaan-3 and Aditya L1 missions, the PM directed that India should now aim for new and ambitious goals, including setting up ‘Bharatiya Antariksha Station’ (Indian space station) by 2035 and sending first Indian to the moon by 2040.

INTERNATIONAL AFFAIRS

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AN AIRSTRIKE ON A GAZA HOSPITAL KILLS HUNDREDS

An airstrike on a hospital in Gaza City on Tuesday claimed the lives of hundreds of people, according to health authorities in the Hamas-run enclave, as reported by Reuters. A Gaza civil defence chief stated on Al-Jazeera television that over 300 people were killed in the explosion at Al-Ahli al-Arabi Hospital.

While Hamas was quick to blame an Israeli air strike for causing the explosion at the hospital, Israel vehemently denied the charges insisting that a misfired rocket by Hamas caused the explosion.

Rear Adm. Daniel Hagari, the spokesman for the Israel Defense Forces, said he is still gathering information and will share more information as soon as it is available. He added that he is still 'unsure' of the cause of the explosion, which is said to have killed hundreds of people. "There are a lot of airstrikes, a lot of failed rockets, and a lot of fake reports by Hamas," he said.

Meanwhile, addressing a virtual press conference, Israeli Foreign Minister Eli Cohen firmly declared that Gaza would no longer be a threat to Israel or anyone else. Israel's aim is to prevent Hamas from retaining power in Gaza or any other place. "No human can comprehend the barbarity of torturing babies murdering, pertinent women, and even taking out the baby before we are born...," he said. "We did not start this war. They forced us to enter this war," he said.

The Israeli military announced two major “hits”, besides killing civilians in Gaza. It said senior Hamas commander Ayman Nofel and Hazem, son of Hamas chief Ismail Haniyeh, were killed.

The fate of two hundred odd kidnapped Israelis and foreigners hung in balance with Hamas stating that they would be freed only if Israel released all the 6,000 Palestinians in its prisons.

BIDEN'S IMPENDING MIDDLE EAST VISIT TURNS AWKWARD

The attack on Gaza hospital came hours before US President Joe Biden’s visit to Tel Aviv. The announcement about Biden’s visit was made by US Secretary of State Antony Blinken after emerging from an eight-hour meeting with PM Benjamin Netanyahu and his war cabinet at the Israeli military’s headquarters. However, there was no break from rocket attacks and sirens were twice activated in Tel Aviv while Blinken was present. Apparently, the Iron Dome intercepted some rockets while others fell harmlessly.

Jordan's Foreign Minister Ayman Safadi announced that Biden's summit in Amman scheduled to take place today with Jordan's King Abdullah, Egypt's President Abdel Fattah El-Sissi and Palestinian Authority President Mahmoud Abbas has been cancelled.

Hamas leader Ismail Haniyeh, widely considered to be the faction's overall leader, in a surprising move, blamed the US as responsible for the attack stressing that Washington gave Israel the "cover for its aggression". "The hospital massacre confirms the enemy's brutality and the extent of his feeling of defeat," Haniyeh said in a televised address.

He called upon all the Palestinian people "to get out and confront the occupation and the settlers" and for all Arabs and Muslims to stage protests against Israel.

Saudi Arabia, UAE, Bahrain, Egypt, Jordan and Turkey also accused Israel of bombing the Al-Ahli Arab Hospital in Gaza City.

German Chancellor Olaf Scholz is in Israel, meeting with top leaders even as he tweeted, “My visit to Israel is a visit to friends. Germany stands firmly by Israel’s side.” The German leader’s mission is similar to that of Biden: to ensure that Hamas is punished, but the civilians of Gaza do not suffer simultaneously.

PUTIN IN BEIJING, VISITS ‘DEAR FRIEND’ XI IN SHOW OF NO-LIMITS PARTNERSHIP

Russian President Vladimir Putin arrived in Beijing on Tuesday to meet Chinese President Xi Jinping on a widely watched trip aimed at showcasing the trust and “nolimits” partnership between the countries even as the war in Ukraine raged on.

In only his second known trip abroad since the Hague based International Criminal Court (ICC) issued an arrest warrant for him in March.He had also visited Kyrgyzstan this month.

The ICC, which accused Putin of illegally deporting children from Ukraine, obliges the court’s 123 member states to arrest Putin and transfer him to the Hague for trial if he sets foot on their territory. Neither Kyrgyzstan nor China are members of the ICC.

THE REST

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5 CENTRAL ASIAN NATIONS TO JOIN INDIA-IRAN-RUSSIA CORRIDOR, SAYS NSA DOVAL

National Security Adviser Ajit Doval has said all five Central Asian countries will become a member of the India-Iran-Russia (International North-South Transport Corridor) corridor.

Inviting all Central Asian neighbours to fully utilise the Shaheed Bahesti terminal in Chabahar, Iran, operated by an Indian company, Doval at the second meeting of the India-Central Asia NSAs held in Kazakhstan on Tuesday solicited support for including the Chabahar port within the framework of the INSTC.

Calling the absence of direct land access between Central Asia and India an anomaly, Doval said this was due to a “conscious policy of denial” by a particular country. “This situation is not only self-defeating for this country but it also reduces the collective well-being of the entire region,” he pointed out.

DON’T VOTE FOR THOSE WHO’LL HARM MIZO CULTURE: RAHUL

Claiming that the BJP was trying to spread its influence in Mizoram through regional parties, Congress leader Rahul Gandhi on Tuesday urged the Mizos not to vote for those who would harm their culture, religion and tradition.

Addressing a rally in Lunglei in Mizoram yesterday, he said the BJP and RSS were seeking support from regional parties – Mizo National Front (MNF) and Zoram People’s Movement (ZPM). “Both the BJP and RSS want their ideas to enter Mizoram. They need partners in the state, and that is what MNF and ZPM are doing. These two regional outfits will enable the BJP to infiltrate Mizoram with their ideology,” Rahul, who reached Aizawl on Monday on a two-day visit, said. When voting, the Mizos should keep this in mind that they are not backing those who intend to destroy their culture and tradition, he said.

SC GIVES ‘FINAL OPPORTUNITY’ TO MAHARASHTRA SPEAKER TO GIVE ‘REALISTIC’ TIMELINE

The Supreme Court bench led by CJI DY Chandrachud on Tuesday granted a ‘final opportunity’ to Speaker of Maharashtra Legislative Assembly Rahul Narwekar to give a ‘realistic time schedule’ for disposal of disqualification petitions arising out of the Shiv Sena rift.

The bench also noted that the Speaker, in the role of the ‘tribunal’ hearing disqualification proceedings, is amenable to the jurisdiction of the top court .

The five-judge Constitution bench led by CJI Chandrachud in its May 11 verdict in the Sena tussle case had said that while it cannot interfere in proceedings at the “first instance,” speaker Narwekar must decide the disqualification petitions within a “reasonable period.” The bench had said that unless there are extraordinary circumstances, courts do not adjudicate disqualification pleas “at the first instance.”

A three-judge bench of CJI Chandrachud and Justices JB Pardiwala and Manoj Misra on Tuesday noted, “Disqualification petitions have to be adjudicated upon with all expeditions. Otherwise the very purpose of the Tenth Schedule shall stand defeated.”

IN MP, CONGRESS PROMISES RS 25L HEALTH COVER, 27% OBC QUOTA

The Congress on Tuesday promised Rs 25 lakh health insurance and Rs 10 lakh accidental insurance schemes for all, a caste census and purchase of cow dung at Rs 2 per kg in its manifesto for the Assembly elections in Madhya Pradesh.

Christened “Vachan Patra”, the manifesto also promised an Indian Premier League team from Madhya Pradesh.

The Congress, which is now in opposition in Madhya Pradesh, promised farm loan waiver up to Rs 2 lakh per head apart from Rs 1,500 to Rs 3,000 monthly for two years for unemployed educated youth.

The manifesto guarantees Rs 1,500 per month to every woman, LPG cylinder for Rs 500, no charges on the consumption of 100 units of power and half tariff on 200 units, resumption of the old pension scheme, free power to farmers for irrigation and 27 per cent reservation to OBCs. The manifesto promises Rs 500 to Rs 1500 monthly to students of Classes 1 to 12. It pledges to fill two lakh govt posts.

CONG , SP FAIL TO REACH ANY UNDERSTANDING ON SEAT SHARING IN MP

With the chances of an alliance between the Congress and Samajwadi Party (SP) fading in poll-bound Madhya Pradesh, SP president Akhilesh Yadav on Tuesday said that it is up to the Congress to clarify its stand on the alliance among the INDIA bloc partners and whether sharing of seats would be applicable on the state or national level.

“The (seat-sharing) discussion stretched till 1 am. It didn’t work out so it didn’t work out,” added Akhilesh, referring to the talks between the two parties for the Madhya Pradesh elections. On Sunday, the Congress announced candidates for four of the seven seats in Madhya Pradesh where SP has already declared its candidates.

SP state president for Madhya Pradesh Ramayan Singh Patel said that “all possibilities of an alliance with the Congress are over now”.

LS SPEAKER REFERS PLAINT AGAINST MOITRA TO ETHICS COMMITTEE

Lok Sabha Speaker Om Birla has referred BJP MP Nishikant Dubey’s “bribe-for-query” complaint against Trinamool Congress member Mahua Moitra to the ethics committee of the House.

Dubey has accused Moitra of taking “bribes” from a Mumbai-based businessman to ask questions in the Lok Sabha, while Moitra has sent legal notices to the MP and many media houses and social media platforms for carrying his allegations. She has also welcomed any move against her “after the Lok Sabha Speaker is finished dealing with pending charges against him (Dubey)”.

Dubey wrote to Birla that a letter sent to him by Jai Anant Dehadrai, a lawyer and Mitra’s former friend, alleges that 50 of 61 questions asked by her in the Lok Sabha till recently were focused on the Adani Group. He further alleged that questions were suggested by an industrial house and that in lieu, Mitra received expensive gifts.

PM LAYS STONE OF RS 4,500 CR DEEP-DRAFT TERMINAL IN GUJ

Prime Minister Narendra Modi yesterday laid the stone of all-weather deep-draft terminal to be built at a cost of over Rs 4,500 crore in Gujarat.

The terminal will handle next-generation vessels and act as a gateway for Indian trade via the India-Middle East-Europe Economic Corridor. The PM also dedicated more than 300 MoUs worth over Rs 7 lakh crore for global and national partnerships in the maritime sector. He said the capacity of major ports in India had doubled, and turnaround time for big vessels had come down to less than 24 hours as compared to 42 hours in 2014.

MUSK'S X TO TEST CHARGING USERS $1 A YEAR TO REDUCE SPAM, BOT ACCOUNTS

X, the social network, began testing a $1-per-year subscription fee for new accounts on the web that want to post or interact with other users, saying the measure has the potential to reduce spam, automated bot accounts and manipulation of its service.  

The test, called “Not a Bot,” rolled out in New Zealand and the Philippines. New users who don’t pay the fee won’t be able to take certain actions on the site, including writing posts, liking, replying or bookmarking.

“This will evaluate a potentially powerful measure to help us combat bots and spammers on X, while balancing platform accessibility with the small fee amount,” according to the blog post by the company. “Within this test, existing users are not affected.”

WORLD CUP, MATCH 15: A SPIRITED NETHERLANDS DOWN SOUTH AFRICA

A bunch of semi-professionals from the Netherlands, including an Uber Eats delivery boy, caused the World Cup's second major upset in three days, as it shocked an in-form South Africa by 38 runs in Dharamsala on Tuesday.

Put in to bat in challenging conditions after the rain reduced the contest to 43 over a side, the Netherlands found themselves reeling at 140/7 (and 560/4 before that) before their captain Scott Edwards staged a remarkable recovery with an unbeaten 78 off 69 balls to take his side to a fighting 245/8.

With the pitch offering variable bounce and some turn, the Netherlands sniffed an opportunity against a formidable South African batting unit which crumbled under pressure to be all out for 207 in 42.5 overs, handing the Dutch their first World Cup win against a Test playing nation.

Until Tuesday, the Netherlands had only beaten fellow associate nations Namibia and Scotland in their ODI World Cup history, having made their debut back in 1996.

The surprise outcome came 48 hours after Afghanistan shocked defending champions England in Delhi, adding to the unpredictability of the 10 team competition.

Results so far: S Africa Played 3 Matches, Won 2. Netherlands Played 3, won 1

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THOUGHT FOR THE DAY

To deny, to believe, and to doubt absolutely -- this is for man what running is for a horse. - Blaise Pascal

OFF TRACK

“Why do you insist on sitting up at the window and looking out all night?” demanded the groom of his bride in their bridal suite.

“Because mother told me that my wedding night would be the most beautiful in my entire life, and I don’t want to miss any part,” explained the bride.