Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
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Deciphering Article 377 of the Indian Constitution: Implications and Legal Evolution

Deciphering Article 377 of the Indian Constitution: Implication and Legal Evolution



Article 377 of the Indian Constitution has been a subject of immense debate and controversy due to its historical implications regarding homosexuality and LGBTQ+ rights. This provision, which criminalized consensual sexual activities "against the order of nature," has undergone significant legal evolution in recent years. Let's delve into its implications, analyze relevant case laws, and understand its relevance in the contemporary legal landscape.


Understanding Article 377:


Article 377 reads as follows:


"Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."


This provision, a relic of British colonial rule, criminalized consensual sexual activities deemed "unnatural," including homosexual acts. It was widely criticized for its discriminatory nature and infringement of personal freedoms.


Implications and Legal Evolution:


1. Historical Context:

   - Article 377 has its origins in the Victorian-era morality laws introduced by the British colonial administration. Despite India gaining independence in 1947, the provision remained intact, reflecting societal stigma and prejudice against non-heteronormative sexual orientations.


2. Legal Challenges:

   - Over the years, Article 377 faced numerous legal challenges questioning its constitutionality and infringement of fundamental rights, particularly the right to privacy, dignity, and equality.


3. Landmark Judgments:

   - The legal landscape surrounding Article 377 underwent a paradigm shift with significant judicial interventions. Notable among these are:

     - Naz Foundation v. Government of NCT of Delhi (2009): The Delhi High Court decriminalized consensual homosexual acts between adults, declaring Section 377 unconstitutional to the extent that it criminalized private, adult, consensual same-sex sexual activity.

     - Navtej Singh Johar v. Union of India (2018): The Supreme Court, in a historic judgment, struck down parts of Section 377, affirming the rights of LGBTQ+ individuals and recognizing their equality and dignity under the Constitution.


4. Impact on Society:

   - The legal recognition of LGBTQ+ rights has had a transformative impact on Indian society, fostering greater acceptance, inclusion, and understanding of diverse sexual orientations and gender identities.


Contemporary Relevance:


1. Social Progression:

   - The decriminalization of consensual same-sex relations under Article 377 marks a significant milestone in India's journey towards social progression and inclusivity.


2. Human Rights Advocacy:

   - The recognition of LGBTQ+ rights has galvanized human rights advocacy efforts, prompting legislative reforms and societal discourse on issues of discrimination, prejudice, and equality.


3. Challenges Ahead:

   - Despite legal advancements, challenges remain in ensuring full societal acceptance and protection of LGBTQ+ rights, including combating discrimination, ensuring access to healthcare, and addressing socio-economic disparities.


Conclusion:


Article 377 of the Indian Constitution, once a symbol of discrimination and oppression, has undergone a remarkable transformation through judicial intervention and societal activism. The legal evolution surrounding this provision underscores the importance of upholding fundamental rights and principles of equality and dignity for all individuals, regardless of sexual orientation or gender identity. As India embraces a more inclusive and progressive future, the legacy of Article 377 serves as a reminder of the enduring struggle for justice, equality, and human rights.

Location: Pune, Maharashtra, India

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