One of the question has been on my mind and some others i have talked to since
and before the judgement has been, that given the judicial system in the
country, how does the judgement impact the janta living outside the NCR.
Todays' edition of TOI has an article which i an copying below
(i so so so wish to go n kiss the editor m journos --- the paper is fully about
the judgement and very positive ---- it was just a tad short of having a Pink
paper today :-d )
---- Any views from the legal fraternity on this please?
Manoj.
===============================
Will Delhi HC order apply across India?
Manoj Mitta | TNN
New Delhi: Since a high court has a limited territorial jurisdiction, is
homosexuality decriminalized only in Delhi or the whole country? Although legal
pundits are divided on this, the law laid down by a 2004 SC judgment implies
that homosexuals across the country may rest assured that they too are entitled
to the benefits of the historic Delhi high court decision on Section 377 IPC.
In Kusum Ingots vs Union of India, a threejudge bench of the Supreme Court
had ruled: “An order passed on writ petition questioning the constitutionality
of a Parliamentary Act, whether interim or final, will have effect throughout
the territory of India subject of course to the applicability of the Act.”
Thursday’s Delhi high court verdict is also on the constitutionality of an
Act of Parliament, which has jurisdiction throughout the country, and the
Central government was anyway party to the case. Since the Indian Penal Code
1860 is applicable throughout the country, except Jammu and Kashmir, the final
order of the Delhi high court questioning the constitutionality of Section 377
will have effect far beyond the capital, in terms of the 2004 SC judgment.
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