RE: g_b Gay sex among consenting adults legal: Delhi HC

[Sanjay Lulla]

I would like to cöngratulate all on this historic moment and would lìke to 
propose that 2nd July to be remembered and celebrated for all time to come as 
'GAY DAY'
THANKS

lgbtindiagroup wrote: 
>   Gay sex among consenting adults legal: Delhi HC 
> July 02, 2009 11:03 IST 
> In a historic judgment, the Delhi [Images] High Court on Thursday legalised 
> gay sex among consenting adults. 
> The amendment in Section 377 will decriminalise homosexuality, said the Delhi 
> HC. 
> Gay rights activists across India have hailed the judgment. 
> Further details are awaited 
>  



  

g_b Re: Bombay Dost Sunday High Film screenings: 5 July 2009

[reshmam]

yes i would like to join on 5th event

reshma

--- In gay_bombay@yahoogroups.com, Nitin Karani  wrote:
>
>  You are cordially invited to
> 
> * *
>  *Sunday High, 5 July 2009*
> 
> 
> Film screenings
> 
> 
> 
> *Finn's Girl*
> 
> (English, 88 minutes, 2007)
> 
> Dr. Finn Jeffries plays a new stepmother to her deceased lover's teenage
> daughter Zelly. Dr Finn's life is going through a rough patch, balancing her
> love life with the brattishness of Zelly. Her life is under contant police
> surveillance but now she also needs protection from pro-lifers because she
> runs the abortion clinic Zelly's mom left her. Will Zelly who likes
> shoplifting porn go to her 'real dad'? Does Dr Finn manage to save her
> career and herself? This movie is edgy, touching drama that was bestowed a
> special award at the LA Outfest in 2007.
> 
> 
> 
> *Review from Variety magazine:* A first narrative feature for longtime doc
> collaborators Dominique Cardona and Laurie Colbert, "Finn's Girl" reps an
> intelligent juggling of disparate elements including pubescent unrest,
> single parenting, lesbian widowhood and anti-abortionist violence. While the
> agenda grows a bit overloaded, solid perfs and polished execution on a low
> budget help the writing-directing duo largely pull it off.
> 
> 
> 
> *If These Walls Could Talk - 2*
> 
> (English, 96 minutes, 2000)
> 
> *Cast:* Vanessa Redgrave, Ellen Degeneres, Sharon Stone, Chloe Sevigny.
> 
> *Synopsis/Review from IMDB.com:* In the first of the three mini-movies,
> Vanessa Redgrave gives a stirring performance (she won an Emmy, a Golden
> Globe and a Screen Actors's Guild Award, among others) as the survivor of a
> lesbian couple in 1961. The message of this first movie serves well to
> remind people of the tragedy that ensued when one's life long partner passed
> on previous to the 70's.
> 
> The second movie, set in 1972, depicts an accurate portrayal of what
> lesbians faced during the rise of the feminist movement where even sisters
> were divided over who should be allowed to participate and promote the
> feminist cause. Chloe Sevigny's portrayal of a "butch" lesbian, comfortable
> with herself is phenomenal. Ms. Sevigny should be nominated for an Emmy for
> her fantastic acting.
> 
> The third and final movie, features a current day lesbian couple who are
> trying to have a child. Billed as a romantic comedy, this episode has an
> underlying message amid the laughter and tears which is common to all
> couples regardless of gender. Ellen Degeneres and Sharon Stone are funny,
> yet convincing as a couple. Their chemistry radiates throughout and both
> women deserve accolades for their performances.
> 
> "If These Walls Could Talk 2" is a cinematic achievement and may very well
> be the first movie of the new Millennium which accurately shows where there
> is love and truth, gender is nothing but an afterthought.The film won
> several awards and nominations (including the Emmys).
> --
> 
> 
> .
> 
> *Time:* 5.00 p.m. to 8.30 p.m. (one 15-minute intermission)
> *Venue:* The Humsafar Trust's Drop-in Centre, 4th floor, Municipal Transit
> Building (Vakola Municipal Market Building), Near Raheja Point and Vakola
> Masjid, Santacruz (East), Mumbai.
> 
> *Getting there*: It's approximately minimum fare by auto-rickshaw from
> Santacruz station (East). You could also take routes 311 or 313. The same
> routes also operate from Kurla (West) station.
> 
> *Space courtesy:* The Humsafar Trust.
> 
> 
> 
> *Note:* Programme subject to change without notice. *Please track:* The
> Bombay Dost Wiki OR the *Bombay Dost
> Facebook*page OR follow Bombaydost
> on
> *Twitter*  OR subscribe to our *Google SMS
> Channel* 
> 
> 
> -- 
> My blog's at: http://queerindia.blogspot.com
> You can leave me a voice message from any phone at
> http://www.jaxtr.com/nitinkarani No call charges apply.
>

g_b Bombay Dost Sunday High Film screenings: 5 July 2009

[Nitin Karani]

 You are cordially invited to

* *
 *Sunday High, 5 July 2009*


Film screenings



*Finn's Girl*

(English, 88 minutes, 2007)

Dr. Finn Jeffries plays a new stepmother to her deceased lover's teenage
daughter Zelly. Dr Finn's life is going through a rough patch, balancing her
love life with the brattishness of Zelly. Her life is under contant police
surveillance but now she also needs protection from pro-lifers because she
runs the abortion clinic Zelly's mom left her. Will Zelly who likes
shoplifting porn go to her 'real dad'? Does Dr Finn manage to save her
career and herself? This movie is edgy, touching drama that was bestowed a
special award at the LA Outfest in 2007.



*Review from Variety magazine:* A first narrative feature for longtime doc
collaborators Dominique Cardona and Laurie Colbert, "Finn's Girl" reps an
intelligent juggling of disparate elements including pubescent unrest,
single parenting, lesbian widowhood and anti-abortionist violence. While the
agenda grows a bit overloaded, solid perfs and polished execution on a low
budget help the writing-directing duo largely pull it off.



*If These Walls Could Talk - 2*

(English, 96 minutes, 2000)

*Cast:* Vanessa Redgrave, Ellen Degeneres, Sharon Stone, Chloe Sevigny.

*Synopsis/Review from IMDB.com:* In the first of the three mini-movies,
Vanessa Redgrave gives a stirring performance (she won an Emmy, a Golden
Globe and a Screen Actors's Guild Award, among others) as the survivor of a
lesbian couple in 1961. The message of this first movie serves well to
remind people of the tragedy that ensued when one's life long partner passed
on previous to the 70's.

The second movie, set in 1972, depicts an accurate portrayal of what
lesbians faced during the rise of the feminist movement where even sisters
were divided over who should be allowed to participate and promote the
feminist cause. Chloe Sevigny's portrayal of a "butch" lesbian, comfortable
with herself is phenomenal. Ms. Sevigny should be nominated for an Emmy for
her fantastic acting.

The third and final movie, features a current day lesbian couple who are
trying to have a child. Billed as a romantic comedy, this episode has an
underlying message amid the laughter and tears which is common to all
couples regardless of gender. Ellen Degeneres and Sharon Stone are funny,
yet convincing as a couple. Their chemistry radiates throughout and both
women deserve accolades for their performances.

"If These Walls Could Talk 2" is a cinematic achievement and may very well
be the first movie of the new Millennium which accurately shows where there
is love and truth, gender is nothing but an afterthought.The film won
several awards and nominations (including the Emmys).
--


.

*Time:* 5.00 p.m. to 8.30 p.m. (one 15-minute intermission)
*Venue:* The Humsafar Trust's Drop-in Centre, 4th floor, Municipal Transit
Building (Vakola Municipal Market Building), Near Raheja Point and Vakola
Masjid, Santacruz (East), Mumbai.

*Getting there*: It's approximately minimum fare by auto-rickshaw from
Santacruz station (East). You could also take routes 311 or 313. The same
routes also operate from Kurla (West) station.

*Space courtesy:* The Humsafar Trust.



*Note:* Programme subject to change without notice. *Please track:* The
Bombay Dost Wiki OR the *Bombay Dost
Facebook*page OR follow Bombaydost
on
*Twitter*  OR subscribe to our *Google SMS
Channel* 


-- 
My blog's at: http://queerindia.blogspot.com
You can leave me a voice message from any phone at
http://www.jaxtr.com/nitinkarani No call charges apply.

Re: g_b Kudos

[Amit 69]

Rest in peace the corrupt cops whose major source of side income i.e. gay
extortion was ruined this day.our condolence is with themhehehe :)

Amit

On Thu, Jul 2, 2009 at 12:30 PM, asfan wrote:
>
>
> Kudos and congratulations to all who were responsible for bringing about
the
> amendment to 377.  Kudos to the learned and SENSIBLE judges for their
> understanding of the Constitution.
> asfan
> 
> Looking for local information? Find it on Yahoo! Local
> 

g_b Thank you Naz

[Alpha Leonis]

Thank you very much NAZ. Without you guys this day would have not come.


Rgds,
-Alpha Leonis

g_b India gay sex ruling could set precedent: UN

[moderator]

Printed from
 
http://timesofindia.indiatimes.com/photo.cms?photoid=1799437




  



 
http://timesofindia.indiatimes.com/photo.cms?msid=3360035

 



India gay sex ruling could set precedent: UN

2 Jul 2009, 1639 hrs IST, AFP



GENEVA: A landmark ruling in India to legalize gay sex could set an example
for about 80 countries which still outlaw homosexual sex, a UN agency said
on Thursday. It would also encourage more HIV victims in India to come
forward to seek treatment and information, added the United Nations joint
programme on HIV and AIDS. 

"We think this will set an important precedence throughout the world," said
Susan Timberlake, who heads UNAIDS' human rights and law team. She added
that in almost all of the countries that outlaw homosexual sex, "both the
law and the homophobia... results in both the denial of human rights of men
who have sex with men, transgender people and lesbians, but also in the
denial of health care services that they desperately need in the world of
HIV." 

Anand Grover, the lawyer who argued the case before New Delhi High Court,
described the decision as an "historic event because India was the country
where the anti-sodomy laws were first statutorised...and the same law was
then replicated all over the British Commonwealth." 

He added that countries that still outlaw homosexual sex can now "use this
as a precedent." "Countries in Africa can use this as a precedent. Same for
Asia," he told journalists in Geneva. 

Several Commonwealth countries still view gay sex as illegal, including
Malaysia, Singapore, Bangladesh, and many Caribbean islands. In India,
homosexual HIV sufferers would now find it easier to seek information and
treatment, said Pradeep Kakkattil who heads UNAIDS' technical support
division. 

"What this judgement could help in is encourage men who have sex with men to
come out more and seek those services... and it will make much easier for
people working in the field to provide that information," he said. 

When homosexual sex was outlawed, patients "would not go to the doctor
because of fear of ... potentially being reported to the police," said
Kakkattil. 

"Besides the threat of imprisonment, these victims also faced blackmail from
police," he said. "Health workers providing help to homosexual HIV sufferers
are also working in precarious situations, he added. He said that it's not
uncommon for police to arrest you because you are providing information on
something illegal." 




 

 

Email:   modera...@gaybombay.in

Web Sites:

  www.gaybombay.in

  www.gaybombay.info

  www.gayindia.org

E Groups:

 
http://groups.yahoo.com/group/gay_bombay

 
http://groups.google.com/group/Gaybombay

GB Internet Radio 

http://www.gaybombay.in/gbradio

Gaybombay breaking news and annoucements

 
http://labs.google.co.in/smschannels/subscribe/Gaybombay

Emergency Helpline number 9820565885

Orkut:

 
http://www.orkut.co.in/Main#Community.aspx?cmm=22091955 

 Blogs:

  http://gaybombay.blogspot.com

  http://gaybombay.wordpress.com 

Twitter

  http://twitter.com/gaybombay

Facebook

  facebook.com/gaybombay

 

<><>

g_b Chronology of fight against Section 377

[moderator]

Chronology of fight against Section 377 

Headlines Today New Delhi,  July 2, 2009 




It was an eight-year-long legal tussle that concluded in the historic
judgment of Delhi High Court decriminalising homosexuality.

 Stages of this legal battle for gay rights:

 * In 2001, NGO Naz Foundation filed a PIL in Delhi HC seeking
legalisation of gay sex between consenting adults.

 * Three years later, in September 2004, the court dismissed the PIL. A
review petition was filed but that too was quashed by the court.

 * The gay right activists approached Supreme Court, which in April
2006, remanded the case back to Delhi HC for reconsideration.

 * Two years later, in September 2008, final arguments in the case
began.

 * The court pulled up the Centre for speaking in two voices on the
homosexuality law after contradictory affidavits were filed by Health and
Home ministries.

 * Delhi HC in October 2008 told the government that the homosexual
trait in a human being cannot be termed as a “disease”.

 

* In November 2008, government in its written submission before the
court says judiciary should refrain from interfering in the issue as it was
basically for Parliament to decide. The court reserved its verdict on
petitions filed by gay rights activists seeking decriminalisation of
homosexual acts.

 

* On July 2, 2009, Delhi High Court allowed plea of gay rights activists
and legalises gay sex among consenting adults.

 

 

Email:   modera...@gaybombay.in

Web Sites:

  www.gaybombay.in

  www.gaybombay.info

  www.gayindia.org

E Groups:

 
http://groups.yahoo.com/group/gay_bombay

 
http://groups.google.com/group/Gaybombay

GB Internet Radio 

http://www.gaybombay.in/gbradio

Gaybombay breaking news and annoucements

 
http://labs.google.co.in/smschannels/subscribe/Gaybombay

Emergency Helpline number 9820565885

Orkut:

 
http://www.orkut.co.in/Main#Community.aspx?cmm=22091955 

 Blogs:

  http://gaybombay.blogspot.com

  http://gaybombay.wordpress.com 

Twitter

  http://twitter.com/gaybombay

Facebook

  facebook.com/gaybombay

 

g_b is the judgment binding on other parts of India?

[Its Mine]

It seems to me from the news reports that this is not binding on other 
jurisdiction, but since in Indian legal system, precedence plays important 
roles in arguments by the lawyers and judgements by the judiciary, this will 
certainly be used as precendence in arguing against any incarceration of any 
individual throughout India.

However, if it would be applicable to all over India,  it would be even better. 
I am actually not fully sure about that one. The judgement (105 pages of which 
I read about 50) makes a very strong case and judicial opinion that 377 based 
discrimination against LGBT individual infringers on the rights afforded to 
Indian citizens by article 21, 14 etc. So I do not see how it cannot be applied 
throughout India.

--- On Thu, 7/2/09, Surajit A. Bose  wrote:

From: Surajit A. Bose 
Subject: Re: [Khush] 377: what it means
To: "Vikram D" 
Cc: gaybom...@yahoogroups.com, gay_bombay@yahoogroups.com, 
lgbt-in...@yahoogroups.com, khush-l...@yahoogroups.com, 
movenp...@yahoogroups.com, gayde...@yahoogroups.com
Date: Thursday, July 2, 2009, 8:24 AM

















  Vikram D wrote:



>

> Question 1) Is this judgment only applicable in Delhi?

>

> Response) This is the first time a court as senior as this, with such

> respected judges, has given a decision on homosexuality. Because of that

> it sends a powerful signal to the legal establishment across the

> country. We are confident that judges, lawyers and police officers

> across the country will understand and follow the Delhi High Court's lead

>



The question asks for a factual response. The answer given is an opinion.



However confident one may be that the establishment will follow this

ruling, the original question is still unanswered. Here are some

follow-up questions.



1. What, given India's judicial structure, is the exact scope of this

ruling at present?



2. If the scope of the ruling does not go beyond the jurisdiction of the

Delhi high court, then what needs to happen for it to be extended?



3. Can a different high court (e.g. Bombay) rule differently on a

similar case?



4. And of course, the case can always be appealed before the Supreme

Court, which could rule differently- -right?



Sosome facts, please. The expressions of confidence are reassuring,

but actual information would be more helpful.



Thanks

-s



























  

g_b Proud to be an Indian

[Dreamy Eyes]

Indeed the verdict is historic and means a great deal to us. But, at the same 
time we have to take a closer look at the verdict. The verdict says Section 377 
of IPC is in direct violation with Article 21 of Constitution which allows 
equal rights to all citizens. So, legally LGBT community has a huge standing.
 
But accepted by the law is not the final word. What about the society? With the 
help of the law we can exist but not live. To live a life we have to be in sync 
with the society. For that the society has to accept us. The final battle will 
only be won when society will be accepting us.
 
I am happy about the verdict but also, at the same time, I think that it is 
just the first stepping stone of success. Still ahead a long way to go.
 
But thanks to all the dedicated people who made this possible and brought smile 
and relief to thousands.
 
Now. I can really say that I am proud to be an Indian.


  See the Web's breaking stories, chosen by people like you. Check out 
Yahoo! Buzz. http://in.buzz.yahoo.com/

g_b Radio Mirchi doing a special on today's 377 judgment

[lgbtindiagroup]

 Mirchimumbai
Mirchi Mumbai | Mumbai
What's the connection between today's historical judgment and winning an ipod 
on Sunset Samosa? Tune-in 5-9pm - Radio Mirchi 98.3 FM  about 2 hours ago

g_b New file uploaded to gay_bombay

[gay_bombay]

Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the gay_bombay 
group.

  File: /Full Text of Article 377 judgment.pdf 
  Uploaded by : lgbtindiagroup  
  Description : Full Text of the Delhi HC  Judgment against 377 

You can access this file at the URL:
http://groups.yahoo.com/group/gay_bombay/files/Full%20Text%20of%20Article%20377%20judgment.pdf
 

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/members/web/index.htmlfiles

Regards,

lgbtindiagroup 
 

gay_bombay@yahoogroups.com

[abhi patel]

GUYS CONGRATS!

DELHI HIGH COURT VERDIT TO SCRAP DOWN SECT 377 OF IPC.

IT'S FIRST HISTORICAL VICTORY .

THANKS TO NAAZ and ASSCOCIATE WHO FOUGHT THIS LONG LEGAL BATTEL FOR US...

ITS REAL TIME TO ENJOY OUR FREEDOM.

LOVE U GUYS


 




From: Vikram D 
To: gaybom...@yahoogroups.com; gay_bombay@yahoogroups.com; 
lgbt-in...@yahoogroups.com; khush-l...@yahoogroups.com; 
movenp...@yahoogroups.com; gayde...@yahoogroups.com
Sent: Thursday, 2 July, 2009 2:40:45 AM
Subject: g_b imminent 377 verdict - info and Q&As





Hi everyone,

I think most of us have heard the news that the 377 verdict is probably due to 
be delivered at 10.30 tomorrow in the Delhi High Court. We are waiting for 
final confirmations when the schedule of the Court is released by 9 pm. But it 
does seem like its going to happen. 

We've all been waiting for this for so long that there seems little that can be 
said now, except that I guess a lot of prayers will be said tonight! People 
have asked if the recent statements of Moily and co will affect the judgement 
but that's unlikely.. 

The Court probably wrote its verdict weeks back and was fine tuning it and had 
it done long before the politicians did their number. So what's been said by 
them is probably inconsequential to the verdict (though it might have a role to 
play in the Supreme Court, but that's for later). 

If the verdict is out tomorrow there will be a press conference at the Delhi 
Press Club at 1 pm tomorrow. This will be a focus point for Delhi, though I 
guess everyone who can go to the High Court tomorrow should. And as Aditya says 
there may be a gathering at Jantar Mantar. Bombay might have an event on 
Friday, we haven't decided on this yet. 

This is going to be big international news, so if you have any contacts in the 
media abroad please inform them. And please tell all your friends and also 
please check for online reactions, radio reactions, calls to participate in 
audiences for TV discussions on the subject. There will be a lot of this, and 
if we win there will be a lot of negative backlash in them so it us up to us to 
counter it by speaking up when we can. 

This does not require coming out. Anyone can post a message on an Internet 
discussion board without disclosing their identity. Anyone can call into a 
radio show without their face being seen. And anyone can speak up on a TV show 
as a concerned citizen. This is not just an issue for queer people, but 
something that affects anyone concerned with human rights. And if you are queer 
and feel like being open about it - well with any luck by tomorrow you will be 
able to do so without risk! 

Along with this mail I'm attaching Q&As on the case that Arvind and I had 
worked out for people who might be asked to speak to the media. Please note 
that these are only given as suggestions, and that they should NOT be taken as 
official community statements. Any errors are my responsibility, and please let 
me know so I can correct them. 

That's it. Lets hope we'll be partying this time tomorrow! 

Vikram


377 verdict – Q&As 
  
This is basic info on the 377 case for people who might speak to the media. Its 
been put together by Arvind Narrain and I as suggestions on what could be said. 
Please note I am NOT putting these down as things that HAVE to be said, just 
suggestions. 
  
A] Assuming a positive verdict for us: 
  
  
Question 1) Is this judgment only applicable in Delhi ? 
  
Response) This is the first time a court as senior as this, with such respected 
judges, has given a decision on homosexuality. Because of that it sends a 
powerful signal to the legal establishment across the country. We are confident 
that judges, lawyers and police officers across the country will understand and 
follow the Delhi High Court's lead 
  
  
Question 2) Is this judgment against Indian culture? 
  
Response) This judgment is against an alien law imposed on Indian culture! The 
law was imposed by the British more than 150 years ago on the more tolerant 
traditions of Indian culture. This decision reflects the spirit of tolerance 
that is a deep part of Indian culture. 
  
  
Question 3) Is this judgment a minority view imposed on public opinion? 
  
Response) It is the basic duty of the courts to protect the rights of 
minorities being trampled on by the majority. Also, this judgment reflects 
changes in public opinion. 10 years back we could not have imagined a Union 
Cabinet Minister openly saying S.377 needs to go or a major Bollywood film 
openly dealing with homosexuality. Today, we have Health Minister Dr.Ramadoss 
on our side and Dostana is one of the biggest hits of last year. The court's 
decision is in line with the changes in public opinion. 
  
  
Question 4) This is just about gays, why should anyone else care? 
  
Response) Its a victory for gay rights, but even more its a victory for human 
rights. This decision accepts the need to respect the basic

g_b Re: heartly congratulations

[raaj mehrotra]

heartly congratulations to all
this day will create a mile stone like stone well 69 in u.s. and shd be 
celebrated every year
best of luk for our new aim of same sex marriage












almighty god blessed us
n he will be wid us  till we gain our social values n other rights
god help us
proud to be gay 

regards
dr.raj mehrotra
lucknow 

 

















  Yahoo! recommends that you upgrade to the new and safer Internet Explorer 
8. http://downloads.yahoo.com/in/internetexplorer/

g_b an amazing judgment

[Vikram D]

Reading the judgment it just gets better and better. This is more than just a 
victory - its a seriously strong judgment that is not going to be easy to 
challenge. It goes further than just making consensual gay sex legal. It 
formally recognises sexual orientation in Indian legal terms, and opens the 
door to case fighting harassment of people because of their sexual orientation. 
All I can say is that this verdict was worth the wait! 
 
Rex Wockner, as always, has done an an amazing job of reading the judgment and 
highlighting the most important stuff. Pasting it below, but really, try and 
read the whole thing. 
 
Vikram


-- Forwarded message --
From: Rex Wockner 
Date: Thu, Jul 2, 2009 at 2:23 PM
Subject: Rex reads the whole damned Indian ruling so you don't have to
To: 



And he opts to cut and paste these bits.

WARNING: YOU MAY CRY AT TIMES. LGBTs DID IN THE COURTROOM IN DELHI.

(If you have time, I urge you to read the whole ruling; it is stunning. I sent 
it to you earlier.)

OK, my extracts:

The criminalisation of homosexuality condemns in perpetuity a sizable section 
of society and forces them to live their lives in the shadow of harassment, 
exploitation, humiliation, cruel and degrading treatment at the hands of the 
law enforcement machinery. The Government of India estimates the MSM number at 
around 25 lacs. The number of lesbians and transgenders is said to be several 
lacs as well. This vast majority (borrowing the language of the South African 
Constitutional Court) is denied "moral full citizenship". Section 377 IPC 
grossly violates their right to privacy and liberty embodied in Article 21 
insofar as it criminalises consensual sexual acts between adults in private. 
These fundamental rights had their roots deep in the struggle for independence 
and, as pointed out by Granville Austin in "The Indian Constitution - 
Cornerstone of A Nation", "they were included in the Constitution in the hope 
and expectation that one day the tree of true
 liberty would bloom in India".

...

Section 377 IPC targets the homosexual community as a class and is motivated by 
an animus towards this vulnerable class of people.

...

The criminalisation of private sexual relations between consenting adults 
absent any evidence of serious harm deems the provision's objective both 
arbitrary and unreasonable. The state interest "must be legitimate and 
relevant" for the legislation to be non-arbitrary and must be proportionate 
towards achieving the state interest. If the objective is irrational, unjust 
and unfair, necessarily classification will have to be held as unreasonable. 
The nature of the provision of Section 377 IPC and its purpose is to 
criminalise private conduct of consenting adults which causes no harm to anyone 
else. It has no other purpose than to criminalise conduct which fails to 
conform with the moral or religious views of a section of society. The 
discrimination severely affects the rights and interests of homosexuals and 
deeply impairs their dignity.

...

Section 377 IPC has the effect of viewing all gay men as criminals. When 
everything associated with homosexuality is treated as bent, queer, repugnant, 
the whole gay and lesbian community is marked with deviance and perversity. 
They are subject to extensive prejudice because what they are or what they are 
perceived to be, not because of what they do. The result is that a significant 
group of the population is, because of its sexual non-conformity, persecuted, 
marginalised and turned in on itself.

...

The inevitable conclusion is that the discrimination caused to MSM and gay 
community is unfair and unreasonable and, therefore, in breach of Article 14 of 
the Constitution of India.

...

We hold that sexual orientation is a ground analogous to sex and that 
discrimination on the basis of sexual orientation is not permitted by Article 
15.

...

The impugned provision in Section 377 IPC criminalises the acts of sexual 
minorities particularly men who have sex with men and gay men. It 
disproportionately impacts them solely on the basis of their sexual 
orientation. The provision runs counter to the constitutional values and the 
notion of human dignity which is considered to be the cornerstone of our 
Constitution. Section 377 IPC in its application to sexual acts of consenting 
adults in privacy discriminates a section of people solely on the ground of 
their sexual orientation which is analogous to prohibited ground of sex. A 
provision of law branding one section of people as criminal based wholly on the 
State's moral disapproval of that class goes counter to the equality guaranteed 
under Articles 14 and 15 under any standard of review.

...

(Rex note: Oh, look! California Attorney General Jerry Brown's argument...)

In the present case, the two constitutional rights relied upon i.e. 'right to 
personal liberty' and 'right to equality' are fundamental human rights which 
belong to individuals simply

g_b TIME TO CELEBRATE!!!!

[stephen styris]

ITS TIME TO CELEBRATE ALL OF US.
DELHI HC HAS GIVEN THE PERMISSION.
I THINK INDIA WILL CHANGE NOW.
 SECONDLY I THINK SOME OF US SHOULD TAKE INITIATIVE AND START A SOCIETY 
WHERE THERE WILL BE REGISTRATION OF THE GAYS WHO WANT A SOULMATE BECAUSE ITS 
BECOMING DIFFICULT TO BELIEVE PEOPLE IN.
 THE ADVANTAGE WILL BE WE CAN GET THE PARTNER AFTER KNOWING HIS PARTICULARS 
WHICH ARE TRUE.
 
REGARDS


  Yahoo! recommends that you upgrade to the new and safer Internet Explorer 
8. http://downloads.yahoo.com/in/internetexplorer/

g_b conclusion of the judgement

[Vivek R Anand]

Congratulations to all!! The conclusion of the judgment is quite nice!

 Warmly,

Vivek



The notion of equality in the Indian Constitution flows from

the ‘Objective Resolution’ moved by Pandit Jawaharlal Nehru

on December 13, 1946. Nehru, in his speech, moving this

Resolution wished that the House should consider the

Resolution not in a spirit of narrow legal wording, but rather

look at the spirit behind that Resolution. He said, ”Words are

magic things often enough, but even the magic of words

[WP(C)7455/2001] Page 103 of 105

sometimes cannot convey the magic of the human spirit and

of a Nation’s passion…….. (The Resolution) seeks very

feebly to tell the world of what we have thought or dreamt

of so long, and what we now hope to achieve in the near

future.” [Constituent Assembly Debates: Lok Sabha

Secretariat, New Delhi: 1999, Vol. I, pages 57-65].

130. If there is one constitutional tenet that can be said to be

underlying theme of the Indian Constitution, it is that of

'inclusiveness'. This Court believes that Indian Constitution

reflects this value deeply ingrained in Indian society,

nurtured over several generations. The inclusiveness that

Indian society traditionally displayed, literally in every

aspect of life, is manifest in recognising a role in society for

everyone. Those perceived by the majority as “deviants' or

'different' are not on that score excluded or ostracised.

131. Where society can display inclusiveness and understanding,

such persons can be assured of a life of dignity and nondiscrimination.

This was the 'spirit behind the Resolution' of

which Nehru spoke so passionately. In our view, Indian

Constitutional law does not permit the statutory criminal law

to be held captive by the popular misconceptions of who the

LGBTs are. It cannot be forgotten that discrimination is antithesis

of equality and that it is the recognition of equality

which will foster the dignity of every individual.

[WP(C)7455/2001] Page 104 of 105

132. We declare that Section 377 IPC, insofar it criminalises

consensual sexual acts of adults in private, is violative of

Articles 21, 14 and 15 of the Constitution. The provisions of

Section 377 IPC will continue to govern non-consensual

penile non-vaginal sex and penile non-vaginal sex involving

minors. By 'adult' we mean everyone who is 18 years of age

and above. A person below 18 would be presumed not to be

able to consent to a sexual act. This clarification will hold till,

of course, Parliament chooses to amend the law to

effectuate the recommendation of the Law Commission of

India in its 172nd Report which we believe removes a great

deal of confusion. Secondly, we clarify that our judgment

will not result in the re-opening of criminal cases involving

Section 377 IPC that have already attained finality.

We allow the writ petition in the above terms.

CHIEF JUSTICE

JULY 2, 2009 S.MU RALIDHAR, J



-- 
Chief Executive Officer
HST - Centre for Excellence
3rd Floor, Transit Building
Old Vakola BMC Market
Nehru Road
Santacruz East
Mumbai
400055

g_b respond to the backlash

[Vikram D]

The backlash has already started. Lots of homophobic comments on the Net, as 
responses to media stories. Come on everyone, fight back and post messages 
countering them. 


  

g_b Kudos

[asfan]

Kudos and congratulations to all who were responsible for bringing about the 
amendment to 377.  Kudos to the learned and SENSIBLE judges for their 
understanding of the Constitution.
asfan


  See the Web's breaking stories, chosen by people like you. Check out 
Yahoo! Buzz. http://in.buzz.yahoo.com/

g_b 377: what it means

[Vikram D]

Preliminary views, we need to read the judgment carefully:
 
Question 1) Is this judgment only applicable in Delhi?
 
Response) This is the first time a court as senior as this, with such respected 
judges, has given a decision on homosexuality. Because of that it sends a 
powerful signal to the legal establishment across the country. We are confident 
that judges, lawyers and police officers across the country will understand and 
follow the Delhi High Court's lead
 
 
Question 2) Is this judgment against Indian culture?
 
Response) This judgment is against an alien law imposed on Indian culture! The 
law was imposed by the British more than 150 years ago on the more tolerant 
traditions of Indian culture. This decision reflects the spirit of tolerance 
that is a deep part of Indian culture. 
 
 
Question 3) Is this judgment a minority view imposed on public opinion? 
 
Response) It is the basic duty of the courts to protect the rights of 
minorities being trampled on by the majority. Also, this judgment reflects 
changes in public opinion. 10 years back we could not have imagined a Union 
Cabinet Minister openly saying S.377 needs to go or a major Bollywood film 
openly dealing with homosexuality. Today, we have several ministers on our side 
and Dostana is one of the biggest hits of last year. The court's decision is in 
line with the changes in public opinion.
 
 
Question 4) This is just about gays, why should anyone else care? 
 
Response) Its a victory for gay rights, but even more its a victory for human 
rights. This decision accepts the need to respect the basic dignity of all 
individuals and for people to lead their own lives on their own terms, in their 
own way. It is a victory for common sense over unreasoning prejudice. That 
makes it a victory for all Indians. 
 
 
Question 5) The law was not used anyway, so what will this really change? 
 
Response) The law was definitely used to harass homosexuals. There are plenty 
of cases of it actually being used in court - and there are even more when the 
threat of it was used to harass homosexuals. In cities like Bombay, Delhi, 
Bangalore there are large, well organised blackmail rings that target gay men - 
already this year we have heard of two cases from Bombay and Bangalore. 
 
And in most of these cases the gay men are too scared to file a police 
complaint because they know they could be charged under the law just for 
admitting they were gay. In many cases their blackmailers were the police 
officers who told them that. This decision is the first step to ending this 
perversion of the law. 
 
 
Question 6) What difference will the law make to stopping the spread of 
HIV/AIDS? 
 
Response) Because the law no longer treates homosexuals as criminals it will 
make it easier for reach them for HIV/AIDS outreach work. It will encourage 
more gay men to get out of their closets and meet each other in safe 
surroundings, instead of meeting secretly and quickly, in places where its hard 
to have safe sex. 
 
We will also have fewer gay men being forced into arranged marriages in which 
they continue to have same sex relations secretly, get infected, and then often 
pass on the virus to their wives. The UNAIDS Panel chaired by Dr.Rangarajan has 
recommended that this law be changed, and now the Delhi High Court has done it. 
 
 
Question 7) Section 377 was used against Child Sexual Abuse. Will the change in 
the law mean an increase in that? 
 
Response) Absolutely not! If anything the use of Section 377 against Child 
Sexual Abuse gets strengthened because the court has removed consensual adult 
sex from the law, making it more precise and focussed on the real crime that 
should be addressed. Now there will be no confusion about using Section 377 for 
cases of child sexual abuse (and male rape). 
 
 
Question 8) Are you going to ask for Gay Marriage now? 
 
Response) One step at a time! First we needed the law to stop treating us like 
criminals. Now that the court has made its decision on that, we can start 
thinking about other changes we would like. But those are other battles, for 
another date - but just to get started on that we needed to stop being treated 
as criminals. After this, logically, there are other steps that the law needs 
to take, for example in allowing a gay couple to take out a home loan, or 
perhaps get the partner benefits that his company might give. But we we'll come 
to them in due course. 
 
 
Question 9) So what is the next step? 
 
Response) The next step is to party! (If you're in Mumbai join us at Karma for 
a special, once only 377 victory party. Special rate of just Rs200 for entry. 
More details on www.gaybombay.org)