Dear all,
 
 With the SC rejecting PIL against Section 377 ,
Let us look at this weak law stmt from our Indian constitution

"Whoever voluntarily has carnal intercourse against the order of nature with 
any man, woman or animal, shall be punished with 152[imprisonment for life], or 
with imprisonment of either description for a term which may extend to ten 
years, and shall also be liable to fine.

Explanation- Penetration is sufficient to constitute the carnal intercourse 
necessary to the offence described in this section." 

-The indian law makers have conveniently the term "nature" to account for 
anything that they do not like.

-First of all the legislation itself is weakly defined,since it does not define 
so called "natural penetration".. viz   Wat do they mean by penetration 
(between whom,how,where ?? nothing is specified). Going by this law, 

-even heterosexual anal acts should be punishable???.

-Gays who do not have any penetrative anal sex are not punishable either??

(In which case if a male is caught having sex with another male,does the cop 
has to prove that they were having anal sex when they are produced in court?? )

Since they do not entertain changing the legislation (according to their 
stmt),let us stick to this definition and argue against it

-In nature , we find many organizms which indulge in "homosexual" acts.

(http://www.androphile.org/preview/Library/Articles/Werner/Werner20.24.htm)

-Recent studies have proved that there is some thing called as "gay genes" 
which are naturally inherited. 

-Out of world's total male population it is estimated around 10% is gay.This 
amounts to a big number and these many men are indulging in homosexual 
behaviour,you can hardly call it as "unnatural". 

-Its one of the  nature's way of controlling Population explosion to maintain 
balance.

-Above all, Its a right to live/freedom of expression. (Another fundamental 
right of all citizens of India)

This open ended law results in discrimination and brutal behaviour against gay 
community.If you look at their reason for rejecting the plea they state, tat 
indian society does not tolerate homosexual behaviour ,hence we will not 
allow.Anyone who has read law would laugh at this stmt since the very basis of 
asking for revocation was to create more tolerance and acceptance  in indian 
society.... An appeal is made obviously to improve something be it tolerance or 
economic growth. If they are concerned that by making it legal "society will be 
disturbed" they are only creating more havoc. 

Well why was the reservation policy introduced in such a  big bang thro' mandal 
commission. was it not to improve the conditions of the minority?? 

I am sure (hopefully !!)that appealers of revocation of this law would have 
presented such  statistical data.I am sure the committee comprises of 
conservative lot sitting over there who cannot even solve simple problems like 
water sharing btw states  and fair Seat allocation to engineering institutions. 
Wat more can we expect??.

Most of the developed nations have recognized the needs of gay community 
created various outlets like Discos/pubs,saunas, sex venues,laws,safe sex 
measures whereas india is even refusing to recognize even the existence of such 
people!!!. 

Imagine you are living with your boi friend in a house and if 
neighbours(conservative like the law makers) do not like us, complain to police 
and police will arrest us and imprison us ....as if we are criminals.

Finally comes the big question can one a gay proud indian live in india 
peacefully....Maybe not in another 150 years.. Thoughts most welcome..

regds

prash 

 

 





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