Truly appreciate your legal advice, hope and quick response, Aditya. I will chose to start with the RTI. Hopefully, it will only be written communication and no house visits by the police. When challenged, the junior police officers referred to an old copy of Article 377 and read it to me. I challenged it again with the new law. They responded by saying that they will continue to go by the old law untill they receive a circular. So, I prepared a brief 'circular' (please see attachment). I could be legally wrong on this. However, my gut instinct says - this might be the shortcut, the easiest way. I approached a hgh court civil judge for his sign to confirm it. He refused and said he was not authorised to sign ciculars. If you feel, taking this step is ok - please advice - from whom and how can I get sign on the 'circular' from a lawyer / judge / public official of authority on law. Once I get this, I will go to the head of the police department for his sign. And, did I mention the beer bet I laid with the police officer (who arrested me) challenging him that I would prove him wrong :). I hope I win - not for the beer but for my honor & self esteem. Sincerely, A Free Citizen of Democratic Independent India - 2009
--- On Wed, 9/12/09, Vikram Kapoor <ej_se...@yahoo.com> wrote: From: Vikram Kapoor <ej_se...@yahoo.com> Subject: Re: g_b Re: ashok/aditya/vikram .. a recent police harassment case can you help or spell out the legal opiion ? To: gay_bombay@yahoogroups.com Date: Wednesday, 9 December, 2009, 10:08 PM Wow.. That sounds fantastic. I love all the options you threw out Aditya. I'd love to see their face when his application says - 'I use the lodge for sex with male lovers, and I want you to protect this activity, as losers around are trying to sabotage my fun'. Ah... the look in their eyes! V From: Aditya Bondyopadhyay <adit.b...@gmail. com> To: modera...@gaybombay .in; lgbt-india <lgbt-in...@yahoogro ups.com>; Gay_Bombay <gay_bom...@yahoogro ups.com>; GayBombay <gaybom...@yahoogrou ps.com> Sent: Tue, 8 December, 2009 12:47:23 PM Subject: g_b Re: ashok/aditya/ vikram .. a recent police harassment case can you help or spell out the legal opiion ? Dear Free Citizen of India and Others, There is always an uphill task of getting the enforcers to see the changes that have been affected in a law. The Police are by their very habit in India of adisposition to assert their hegemony over any section of the society they feel they can hegemonise, and especially so, if they are of the opinion that they can also extract some venal gains from them. Reading the incident that is what I feel has happened here. However the following thisngs are important to note: 1] The police can always claim that they only detained 'free citizen' plus lover for questioning on suspicion and that they were never arrested and were let off after questioning. This the Police is within their right to do. It would become an issue of harassment if it becomes a pattern. But whether it does or not depends on free citizen. 2] Free citizen can begin by actually disclosing his name and not being anonymous. It does not help the cause when there is no criminalisation any more and therefore nothing to fear in terms of repurcussions. 3] Some of the things that Free Citizen can do are as follows: 3.a] File a RTI application in the same police station which targeted them asking specifically what the position of the police staion was vis-a-vis Section 377 of the Indian Penal Code and whether they are still implimenting it. This will elicit either a positive or a negetive response. 3.b] If it is a positive response, then that document itself becomes a cause to be given back to the police in case of futrure harassment. 3.c] If it is a negetive response then free citizen has two options: 3.c.i] He can file a contempt petition against the Bjhopal Police before the Delhi High Court for violation of its judgement, or, 3.c.ii] He can opt for a writ of Quo Warranto against the Bhopal Police before the MP High Court. 3.d] In the alternative free citizen can also opt for filing a general diary in the smae police station asking for protection from the specific Shopkeeper and the general public in the area who have supposedly complained against him. He needs to mention specifically that he uses the lodge to have private time with his male lovers, which is within his rights, and that the locality has been threatening him. If he is denied this protection, he can: 3.d.i] File a Writ of Mandamus on the police before the Bhopal High Court citing the 377 judgement. I do not foresee that the court will be very agile in coming to a decision on any of the legal steps I have suggested, but I feel that if taken these steps would by themselves be enough to convey to the police that they need to stay away from what people are doing behind closed doors. I hope that helps somewhat. Best regards, Aditya Bondyopadhyay 2009/12/8 <modera...@gaybombay .in> -----Original Message----- From: gay_bombay-owner@ yahoogroups. com [mailto:gay_bombay-owner@ yahoogroups. com] On Behalf Of Amit Sent: 08 December 2009 12:06 To: gay_bom...@yahoogro ups.com Cc: gay_bombay Moderator Subject: PERMISSION TO MAKE LOVE NEEDED FROM BHOPAL POLICE To:NAZ <http://in.mc76. mail.yahoo. com/mc/compose? to=...@naz> FOUNDATION COPY TO: BHOPAL <http://in.mc76. mail.yahoo. com/mc/compose? to=adgscrb@ BHOPAL> POLICE COPY TO: GAY BOMBAY PEER GROUP Subject: high court verdict on article 377 - trashed by hamidia road, bhopal police station / please help QUESTIONS FOR GAY BOMBAY PEER GROUP: (A) PLEASE PROVIDE SUGGESTION AND SOLUTIONS IN THE MATTER BELOW (B) NAZ FOUNDATION VERSES DELHI COURT JUDGEMENT MAKES IT LEGAL FOR ANY TWO MUTUALLY CONSENTING ADULTS TO MAKE LOVE IN PRIVATE SPACE - HOME, HOTEL, LODGE. HOME MINITSRY HAS NOT OBJECTED TO THIS. AND WHEN PRESENTED WITH THE VERDICT - THE GOVT. HAS NOT ASKED SUPREME COURT FOR A STAY ON THIS. (C) IT WOULD HELP IF ANY JUDGE (IN GAY BOMBAY PEER GROUP OR OTHERWISE ) CAN PROVIDE ME WITH A SIGNED AND SEALED LETTER + EMAIL CONFIRMING THE ABOVE. THIS WILL BE PRESENTED TO THE BHOPAL POLICE. THIS WILL PUT AN END TO POLICE RAIDS HERE AND WE WILL BE ABLE TO RESUME OUR ACTIVITIES Dear Ma'am / Sir, "NDTV has exclusive information that in a note prepared by the Cabinet, the government will tell the Supreme Court that it doesn't find any legal error with the Delhi High Court ruling that read down section 377, decriminalising homosexuality. " - NDTV "Section 377 Delhi High Court decriminalizes consensual homosexual sex between adults Naz India’s eight-year-long battle sees a successful conclusion!" - NAZ The information in the above 2 quotes makes it pretty clear that sex between any 2 consenting adults is now legal in India. However,on December 06, 2009, I and my partner were picked up by the Bhopal police and kept in the police custody for little over 2 hours. This is what the police hamidia road, bhopal police station had to say when we challenged them citing the above above verdict: (1) They showed us an old copy of article 377 and said untill they receive a circular from court, they will go by what they have. (2) They said that - Home ministry has not recognised the verdict. (3) The officer said that he goes by his gut instinct and goes by what he feels is right or wrong. He said that he doesn't care about such verdict. He said that regardless of what the law says - such activities go against the traditional Indian culture - Bhartiya sanskriti - and will not be permitted by police. (4) They wanted us to call our parents (please note that we are mature adults above the age of 18), though we were asked to leave (after 2 hours of discussions, requests amounting to begging to be let off) without having to see inside of a jail & without having to pay anything. Though, a fine which was initially suggested. (5) I and my partner were raided by the police in the middle of our activities from the room of a cheap local lodge on complaint of a neighbouthood shopkeeper. The police said that they received complaints from several people in the neighbourhood. They said that they found it objectionable that I go there with a new partner each time and very frequently - about twice a week. The police said that they act on complaints and they prohibit activities found obectionable by other people. (6) The police officers mentioned raiding several college boys and girls of different occassions from hotel rooms in Bhopal. (7) During the course of our conversation the police officers agreed that we could do this in the privacy of our homes but not in hotel rooms. We mentioned the travel companies like www.indjapink. co.in <http://www.indjapin k.co.in/> which arrange tours for same sex lovers within India officially with permission from and with complete knowledge of Indian Police and Indian Courts. At this the point of our discussion, the police officers agreed that - it is ok for same sex tourists (Indian & Foreign nationals) to enjoy hotel rooms but not within the city they live in. This can be a little confusing. Please clarify. (8) We have nothing against the officers who dealt with us. They were very nice and careful while dealing with us. I wish they were better informed about the law of land and rights of citizens. (9) Though, an encounter with the police left my partner disturbed, shaken and frightened. A nice sunday evening was ruined. If article 377 has be striked down, how can I do the following: (1) Get permssion from the police to continue going to the same lodge for sexual activities (ps:it's always safe sex) (2) Have a written circular sent to Hamidia Road, Bhopal - police staiton to put and end to such raids, to stop disturbing people when they are making love by mutual consent in a lodge or hotel room. (3) I don't want take the risk and would prefer to clear the invalidity of article 377 to the Bhopal police before indulging in any further sex by mutual consent. How can I do this ? (4) The police want a circular from the court. (5) And, eventually, I would also like to carry a signed & sealed letter from police granting permission to continue using the lodge / hotel room for my sexual activities - regardless of complaints by the people in the neighbourhood. PS: I have never ever been even remotely intimate with my partners in public or in the neighbourhood of the lodge / hotel I go to. It's all very private and only in the room. There has never been any display of affection in public. (6) Mutually Consenting young adults should be allowed to make love in private at a hotel / lodge of their choice. (7) A half page message in the english and hindi newspaper - from the head of police granting permission to any two mutually consenting adults to make love in private spaces (home, lodge, hotel etc.) of their choice. (8) Instructions to junior officers to not interfere with private lives of citizens. I am truly grateful for the commendable efforts of NAZ Foundation to date. Please help me. I am human and I thrive on love - the most basic & natural human need. I want to continue to live my life on my terms - as a citizen of democratic India with permission to make love with consenting adults (of same or different sex) - men or women - in hotel rooms of my choice. Thanks & Regards A Free Citizen of Democratic Independent India - 2009 -- Do not print this mail unless really necessary. Save paper, save trees..!! If you loose your way while SCUBA diving, the safest direction to head for is UP..!!! The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. http://in.yahoo.com/
