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I appreciate the thoughtful and considered
tone of your letter, however, I feel I must question one of the assertions that
you support. You quote, not verbatim;
'reforms cannot move forward if society
is
not prepared to accept them.' I have to disagree,
a prominent gay activist in the UK said, prior to the repeal of anti-gay
legislation in Britain, 'where the law leads, the people will inevitably
follow'. There has always been popular support for capital punishment in
Britain, but law makers and the law have always stood firm in the face of an
unpopular, but correct, ban on capital punishment. There are numerous cases
in Indian history where laws have indeed led the way, often in the face of
bitter popular opinion, laws protecting the rights of minorities, the lower
castes and the abolition of 'suttee' being obvious
examples.
The repeal of 377 will not affect the majority of
Indians and majority support should not be necessary, its repeal will affect
those who are currently victimised by it and bring India into the company of
those nations for whom the rights of the individual take precedence over popular
prejudice.
Keep up the good work.
with respect
a well wisher
----- Original Message -----
Sent: Saturday, February 18, 2006 1:10
PM
Subject: g_b Gay Movement In India--- The
way forward
courtesy lgbt-india
===========
From: ASHOK ROW
KAVI <[EMAIL PROTECTED]>
Date: Sat Feb 18, 2006 1:04 pm
Dear
Geeta,Tarun and Friends,
Have just returned from attending the National
AIDS Council convened
by the Prime Minister in the annexe of the Lok Sabha
on February 16th.
Most Union ministers were in attendance. Shivraj
Patil (Home
minister) Lalu Prasad Yadav (Railway Minister) Maran (Post and
Telegraph), Mani Shankar Aiyar (Youth,Sports and Panchayat) and most
secretaries were present. All gave very useful answers to the
contributions their ministries will make. Lalu was very good and said
he was even thinking of how to give rail concessions to HIV+
persons.
Had to tell him that getting concessions forms "specially
with HIV+
written on them" would just further stigmiatise them and
won't
work.
The Health Minister Ramadoss, in his opening remarked clearly
said
removing laws "against MSM and sex workers" were on the cards. Prime
Minister was nodding in agreement. Shivraj Patil was stoic and
non-
commital.
Jana of CARE and Sonagachi Project also repeated the
cry against laws
criminalising many populations. I was then asked to speak;
specifically was given three minutes ( I took two) to stress that
Section 377 was used to "harass, black and extort money by police and
goondas". I also said under this law "even doctors and health care
workers besides communty workers can be arrested for treating us
homosexuals or even giving us condoms".
Home Minister's secretary
took notes.
Afterwards at the reception (Prime Minister left for
Parliament
again), Shivraj Patil wanted to know how doctors would be in
trouble.
I said they became "accessories and inciters to committing crime
in
Section 377".There were members of the Supreme Court and several
lawyers (one specifically very senior gay lawyer was there of Supreme
Court), they all said that the present petition was going in the
right
direction. Anand Grover was present and he looked at me. Both
of us were
trying to catch any nuances, if any, from the top echelons
of this
government. I asked the Home Minister what were the chances.
He
nodded indicating that the bench was slowly moving in the
right
direction.
They all said that the "community" itself was
behaving with "dignity
and decorum". They were impressed with simultaneous
protests and the
way it was being done with very wise moves in "converting
public
opinion to your views".One senior fellow (I think he was from IB or
police -- they always wear safari suits), asked snidely: "Is there
anybody coordinating all this?" I said "No, the community is
responding in its own way through the networks and key persons who
have
their groups spreading out to get protests moving".
I specifically said
there is no "national coordinating body". He was
a bit suspicious and
looked sceptical.
The gay senior Supreme Court lawyer said that the
judges and many
members of the bar wanted to now take credit because the
agitation
against Section 377 was at a crucial phase -- everybody wanted
to
take credit for it! It seems the Bar Associations in Delhi were
watching the case and many persons were coming up with "suggestions".
There was no time to ask what they were as Home minister started
moving out of the room where refreshments were being served.
Under
these circumstances, I don't know why everybody has to crowd
into
judicial activism. Athar Quereshi suggested on this list that we
start
sensitisation of all gate-keepers in society. How about
starting with the
local IMA chapters in your cities? I'm sick and
tired of doctors asking me
for a "cure for homosexuality". I remember
addressing 1,600 members of the
Western India chapter of the iMA
where doctor after doctor stood up to
state stupidly "spreading
homosexuality in worrying us". How about talking
to PTA in your
townsand cities? What about the local bar associations? I
mean
everytime going to PUCL and human rights organisations is like
preaching to the converted, isn't it? It's the hostile lot who need
to
be turned around.
As usual, for example, in Shillong, were are now
thinking of sending
fact finding mission. Has anybody thought of
taking a quiet
delegation to the State Home Minister and networking with
the Sate
SACS. In all health programs, if we don't sensitise these
fellows,
the axe first falls on visible marginalised groups like sex
workers.
For example, at the 16th meeting, Gujarat Health Minister Ashok
Bhat
was trying to be extra polite to Anand Grover who is fighting Gujarat
on the riots front as also on the fact that they just threw out all
the female sex workers of Surat. Grover just snubbed him saying he
can't meet him "because we can't even meet over a drink in your
state"
(haha, sometimes Prohibition has its uses). So we know who are
our friends
and who are our enemies.
Tarun, besides petitions there are lots of
ways we can mobilise. For
example, Elango of INP+ was there and everybody
appreciated the way
he spoke about the bad treatment given to HIV+ people.
Surely we can
also move with such people and then slip in our problems? In
any
case, I think Arvind was right (I can't quite quote him letter and
word) but he did say that reforms cannot move forward if society is
not prepared to accept them.
So first let's do that in all
sincerity and let the petition move
smoothly thruough the courts. This is
not to doubt or challenge your
legal acumen or skills. The point is
somebody is already doing that
to good effect. So back thatperson and
broaden the battle front to
bring in more people on our side. That's all
I'm saying.
Think nationally, act locally.
Ashok Row
Kavi
Group Site:
http://www.gaybombay.info
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