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 <vg...@yahoo.co.uk>
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 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!
Note: One point that hasn't been discussed here is the responding to the appeal
to the Supreme Court that is bound to happen, by JACK and Singhal, and probably
the government too. We could say something on the lines that we hope the
Supreme Court will uphold the principles of tolerance and respect that are
embodied in this decision, but as Arvind said, perhaps its best to avoid the
appeal aspect as much as one can - its a victory, why talk of depressing follow
ups afterwards.
B] Assuming a negative verdict. This is genuinely a bit hard to plan for, and
not just because we don't want to think about it! The fact is that give the
very strong case we made a negative verdict would have to come up with some
diabollically ingenious arguments, and it is hard anticipating what they might
be, in order to frame an effective response. Some other thoughts:
- if the grounds are that this is a matter for the legislature to decide, we
could point out that it is the court's duty to protect minorities against
majority run institutions like Parliament. We can also point to the incredible
length that political decisions can take - and during that time the
blackmailers were full at work.
- if the grounds are that we have to respect the sentiments of local and
religious cultures, we should point out that that argument is used to advocate
Sati. We could also point out the sort of countries that keeping the law places
us in and those that have changed - including our favourite fellow third world
trading partners - South Africa (gay marriage is now legal) and Brazil (plenty
of gay rights, and marriage should come soon).
- if its asked what our plan is next, we can answer that its too soon to say,
but we will have to take a decision whether to appeal to the Supreme Court, or
come again with an even stronger case.
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