---------- Forwarded message ----------
From: ponni arasu <[email protected]>
Date: Feb 16, 12:24 pm
Subject: Thanking A.P.Shah
To: queerrights kerala


Dear all,

It's been interesting to watch all the reactions to A.P.Shah's unfair
retirement. This has been from various quarters including the LGBT
community.

One must admit, among all the communities whose lives his judgments
have
attempted to change, we have been rather vocal in thanking him
profusely.
This is a good trend to set in general as sometimes I feel others
working on
various issues whose work has been vindicated rather literally by him
have
not taken the time out to do an analysis and express their gratitude
towards
the existance of a judge like him, in the otherwise difficult
judiciary in
this country. This might make a difference to him. He is hurt by the
judiciary which he dedicated his life to which has now slighted him
through
opaque, undemocratic processes, thus going against all that he stands
for
and what the judiciary claims to stand for. So am glad we are doing
this!

Even the mainstream media has spoken extensively about his judgment in
the
377 case among others. of course!

I am writing in to point out that A.P.Shah's judgmenets collectively
could
be an interesting accumulated version of a possible worldview/
political
vision for Queer (including but not restricted to LGBTIKMH) politics
in
India. He has in one life time increased the standards of justice for
various communities such as same-sex loving people, slum dwellers,
rickshaw
pullers, 'illegal' residents on city land, and of course Right to
Information for all citizens.

This could be an oppurtunity for us to look more closely at all of his
judgements and see how he made a clear connection between them.

His judgments are based on legal rigour, an element of practicality
and the
values of justice and equality for all. All of this, while holding the
state
as well as society at large acocuntable to make this ideal a reality.

Thus, while we thank him profusely for making our lives a little
better, let
us also use this oppurtunity to make the connections he made.

Why should we make them? Simply becuase these connections are a
reality.
Same sex loving people are also often rickshaw pullers and slum
dwellers and
those who need the right to information. It is only such a holistic
perspective thats going to make an equal and just world a reality at
the end
of the day. A.P.Shah has no choice but to know this beyond any doubt
as as a
judge he was faced with these realities- the limitations of the legal
version of them notwithstanding.

Even his individual judgments, written with other judges, including
the 377
one, does not make a case for rights to individual communities alone
but
places those rights unabashedly in the context of broader justice and
democratic politics. And of course they do because these rights are
effective only  when connected to each other. The elements of
oppression and
denial of rights also are effective only when connected to each other.
Now
comes, whats left for us to do because the struggles to assure these
rights
will ALSO only be effective if connected to one another.

So lets thank A.P.Shah for all that he did. For so many in the
world. Because he could not have made lives better for one community
(LGBT
for instance) without making it better also for another (rickshaw
pullers
for instance) as that would then be logically and ethically
inconsistent.

Something for us to think about.

Just my two cents.

Warmest,

Ponni.



On Tue, Feb 16, 2010 at 12:25 PM, Vikram D <[email protected]> wrote:

> Shekhar Gupta, the editor of the Indian Express, interviewed A.P.Shah on
> his Walk the Talk show, and this has been transcribed in today's Express.
> Here's a link to the full interview, where he talks about his S.377
> judgment:

>http://www.indianexpress.com/news/i-cannot-pretend-that-im-not-hurt.-...

> Its interesting how he shows how he changed his views on the matter, and
> also on how important the split between the Home and Health Ministries was
> in helping them make up their minds. Much credit is due to HIV activists
> like Ashok who pushed behind the scenes to get NACO to push the Ministry
of
> Health to come out openly on our side. Lets even thank our otherwise
> generally unlamented ex Health Minister Dr.Anbumani Ramadoss who, for
> whatever reasons of his own, took our side on this issue

> And the judge is also right that the pleasant surprise after the verdict
> was the muted reaction of the vernacular press. For several days after the
> verdict I bought every paper in every main language published in Mumbai
and
> with the help of friends went through their coverage, and as the judge
says,
> it was mostly plain reporting. A few did have columnists making derisive
> comments in their Sunday editions, but that was balanced by some like
> Gujarati MidDay which were really quite supportive - Prince Manvendra, I
> think, has had a lot to do with changing the minds of the Gujarati press.
> (Some even made special note of the fact that Justice Shah was Gujarati,
> though he was born in Solapur).

> Several people have posted very moving comments on the GB tribute page to
> Justice Shah. These are really worth reading - and worth adding to as
well,
> so if you haven't done so already, please do consider it. You don't have
to
> say anything special, just what you felt about what the verdict meant to
> you. We've found a way to send the link to Justice Shah, which we'll do
> after about a week, so please post your comments soon. Here's the link to
> the page:

>http://www.gaybombay.org/?p=1334

> And here are the comments from the interview with Justice Shah:

> Shekhar Gupta: Of your many judgments which are now hailed as landmark,
the
> judgment on gay sex is a nuanced one. You set very stringent tests for
what
> is consensual sex and because of that, it has become nearly impossible to
> challenge this now. But tell me a little bit more about what went on in
your
> mind, how challenging did you find that case.

> Justice AP Shah: I must tell you something very interesting. Actually one
> of the newspapers reported this. A German delegation had come in ’97 or
’98.
> The delegation had some legislators and a few gay activists were also
there.
> One of the legislators asked me whether the Indian courts would strike
down
> this law, Section 377. So my reaction was, it would be very tough for an
> Indian court.

> Shekhar Gupta: In The Indian Express, if I may say so.

> Justice AP Shah: Yes, it was quoted in your paper. I never realised that
> the case would come before me after 10 years. The peculiar feature of this
> case was that the two wings of the government took diametrically opposite
> stands. The Health and Family Welfare Ministry took a stand that
continuance
> of Section 377 was creating hurdles in the HIV-AIDS prevention programme.
> And the stand of the Home Ministry was that this Section should be
retained
> on grounds of public morality. According to me, this was the biggest
> challenge. I think ours is the first judgment on constitutional morality.
We
> said, for instance, that public morality, public perceptions, differ from
> time to time. For instance, ‘sati’ was largely approved by the majority,
> untouchabilty was approved.

> Shekhar Gupta: They all had social sanction. In fact, all awful social
> practices survived because they had social sanction. And somebody had to
> challenge it.

> Justice AP Shah: Correct. So we said that the test to be satisfied is that
> of constitutional morality and not public morality. Then there were
various
> issues, but what we stressed was about the underlying theme of the
> Constitution, that is inclusiveness.

> Shekhar Gupta: Right. But were you also pleasantly surprised by how little
> opposition—besides some noises—the judgment faced from the political
class?

> Justice AP Shah: This issue was pending for a long time. The judgment was
> awaited anxiously. And really, I was surprised by the reaction of the
> vernacular press. Mostly they welcomed the judgment.

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--
"The tradition of the oppressed teaches us that the 'state of
emergency' in
which we live is not the exception but the rule. We must attain to a
conception of history that is in keeping with this insight. Then we
shall
clearly realize that it is our task to bring about a real state of
emergency, and this will improve our position in the struggle against
Fascism." --Walter Benjamin



-- 


You cannot build anything on the foundations of caste. You cannot build up a
nation, you cannot build up a morality. Anything that you will build on the
foundations of caste will crack and will never be a whole.
-AMBEDKAR



http://venukm.blogspot.com

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