Hi Bloot, Vikram Doctor wrote this, not me!!
Thank you & Best Regards, आधन्यवाद तथा आपको प्रणाम, Aditya Bondyopadhyay आदित्य बन्द्योपाध्याय (Sent from my iPhone/iPad) (मेरे आईफ़ोन/आईपैड से भेजा गया) > On 26-Nov-2014, at 10:38 am, "Bloot Fontaine blutfonta...@yahoo.co.in > [gay_bombay]" <gay_bombay@yahoogroups.com> wrote: > > Aditya, you are brilliant! > > > On Monday, 24 November 2014 12:12 PM, "Vikram D vg...@yahoo.co.uk > [gay_bombay]" <gay_bombay@yahoogroups.com> wrote: > > > > When the Supreme Court upheld Section 377 one of the immediate reactions was > that this was a shocking case of the court empowering blackmailers. > Throughout its history S.377 - and similar laws across the world - has been > used extremely successfully to extort money from gay men who are too scared > of prosecution under the law to fight back. > > This is exactly what we are now seeing. From across the country cases are > coming of queer people being blackmailed or harassed by threat or sometimes > the actual use of S.377. Just today I have heard the most startling case > where a businessman gave Rs10 lakhs because he got a letter saying that the > person sending it had video evidence of him having sex with other men. > > One reaction that such stories sometimes get is that people who give in to > blackmail deserve what they get - that (a) they should not have been stupid > enough to get into the situation in the first place and (b) they should not > give in, but call the blackmailer's bluff. Blackmail depends on the victim > being afraid, and if you are not, it can't work. > > But saying this doesn't allow for the extreme loneliness that drives people > to take risks, and yes, stupid risks too at times. Yes, you should be careful > who you pick up and where and what you do, but its always easier to say this > in hindsight. And it is also easy to be courageous when its not happening to > you. When you are the one who opens an email or letter and finds not just the > threat of your privacy being exposed, but the knowledge that someone is > malign enough to want to do it, you can feel the bottom falling out of your > world. > > This still does not mean one should give in to blackmail. It may be tempting > to just give the money and hope it all goes away, but it never does. > Blackmail is an addiction, and quite lucrative too, and blackmailers very > often repeatedly keep coming back for more. And even if they don't the victim > is always afraid that they, or someone else, will. > > So if this situation happens to you, or to someone you know, the first thing > to tell them is to find a way not to be afraid. If they have family from who > they fear exposure, they should ask themselves one hard fact - in the long > run will the family mind more that one of them is gay or that he is giving > away Rs10 lakhs, and probably even more over time. Whatever people might feel > about homosexuality, they usually don't want to lose a lot of money! > > The second thing to tell yourself, or them, is that S.377 is not easy to > prosecute. This is why the police actually does not use it very much, but > prefers to use the threat of it, or more easily implementable and vague laws > like 'obscene conduct' in public or drinking without a permit (which is what > most people who are arrested at parties are usually prosecuted under, which > is why responsible party goers get permits, and party organisers arrange for > them). > > Proving S.377 without a doubt really requires a medical examination and this > is not going to be easy to organise. Video evidence might count too - though > of course there are all the arguments about video being tampered with which > politicians routinely trot out! But this is one good argument not to record > yourself having sex, however much this turns you on! At least one S.377 case > which has been going on for a while involves recording that a husband made > with his male lover which his wife got her hands on. > > And finally, we actually have protection from the same source that threatens > us - the Indian Penal Code. Buried away in IPC are two sections, S.388 and > S.389 which state that attempt to blackmail using sections of IPC as a > threat, is as much of a crime as going against those sections of IPC! This > perhaps recalls some residual wisdom among people, like Lord Macauley who > drew up IPC, that the law can be misused and it is best to provide remedy > against it. > > This is what Sections 388 and 389 do, and they specifically mention S.377. > S.388 says that whoever extorts money by putting someone in fear of being > accused of a grave crime is liable to be punished severely, and S.389 says > that whoever even threatens someone with a view to extortion, will be > punished severely, and both of them end by saying "and, if the offence be > punishable under section 377 of this Code, may be punished with > 1[imprisonment for life]. > > It is really quite remarkable and worth reading: > Section 388 in The Indian Penal Code > Section 389 in The Indian Penal Code > > Somehow in drafting IPC, the framers did acknowledge that S.377 in particular > was liable to be abused, and hence they tried to provide some protection. Of > course, the best solution is not to prosecute people for consensual same sex > relations, but at least this attempt at balance does exist. > > The problem is that these are obscure sections of IPC and few people, even > lawyers know about them. They are not easy to use because the victim, in > going to the police to implement the law, has to hope that the police won't > or don't have enough evidence to prosecute him for S.377. I do have just > enough faith in the police that, if someone goes to them with knowledge of > the law and a good lawyer, they probably will go after the real crime of > blackmail, but it is a bit of a gamble. > > Still, the law has value in just existing. Sections 388 and 389 acknowledge > that extortion is a terrible crime and that those who try to do it should be > made aware of that. And in doing this, it gives people the basis on which > they should stop being afraid and that is always the first and main defence > against blackmail. Please make everyone aware of Sections 388 and 389 and > lets hope that they can help stem this scourge of blackmail that two judges > of the Supreme Court have let lose on us. > > > > > > > > > > Section 389 in The Indian Penal Code > Central Government Act Section 389 in The Indian Penal Code 389. > View on indiankanoon.org > Preview by Yahoo > > > > > > > > > Section 388 in The Indian Penal Code > Central Government Act Section 388 in The Indian Penal Code 388. > View on indiankanoon.org > Preview by Yahoo > > > > >
