what you say is correct. it is difficult to prove a case of penetration amongst willing partners in the court. but cops can definately file a case against you {though it may not stand in court} which will take lot of your energy, money, patience, repute, social standing etc. is one ready to bear all this? in fact the cops n other blackmailers know this fact very well that we can not withstand all this humiliation. so they dare to exploit us just by threatening to file a case. btw, is there a history of anyone proved guilty of gay penetrative sex amongst willing partners? does anybody know of it?
prashanth prabhakar <[EMAIL PROTECTED]> wrote:
prashanth prabhakar <[EMAIL PROTECTED]> wrote:
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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