Dear Sham, 1] Consent does not mean only stated or written consent. It can also mean implied consent. Therefore, if you bring your boyfriend home, undress in front of him, help undress him, then help arouse him, and then thrust your a** before him, and he decides to go ahead and do it, then it does not matter even if you do not say ‘enter big boy’. It is consensual. 2] 377 is an exception to all the other offences described in the same chapter of IPC. All other offences [like rape etc.] are against a person or persons. Therefore there is a victim and there is an offender who somehow harms or violates the victim. But 377 is not an offence against a person, it is an offence against ‘nature’. Therefore even if a person does it voluntarily, or allows it to be done voluntarily, it continues to be an offence. It is the only victimless crime in the IPC. The presumed victim is the ‘moral order’ or the ‘natural order’. So even if you do not wish to press charges, you BF can still be hauled up and charged and tried. 3] Third but more important, from your mail I gathered that in your case study the BF ‘does it’ and you ‘get it’. While the bare reading of the law in this situation would be that the BF is guilty of 377, you should also beware. The good judges have held that if they find out that you had agreed to the act, or participated in it, or even encouraged it [big smile, ooohhs, aahhhh, or producing that extra micro-liter of pheromones for that matter] then you become what we lawyers call a ‘participis crimini’, and can be charged with aiding, abeting, or conspiring to do the crime of 377. All of these things [aiding, abeting, conspiring] carries the same punishment as the offence, in this case 377. Therefore in your case study, you are rendered equally culpable as the BF. You see, 377 is problematic simply because of this reason. It criminalizes you even when you are not hurt, or when you do not hurt another, or even when all you do is live and love the way you want to without bothering others. It becomes even more ominous when you are actually assaulted and violated. Just the fact that you are gay, can then be used to say that you encouraged the act [read: abet, aid, conspire]. And this fact is exploited day in and day out by the police to rape, extort and blackmail people like you and me. Best regards and happy diwali Aditya Bondyopadhyay -----Original Message----- From: Sham [mailto:[EMAIL PROTECTED] Sent: Wednesday, November 10, 2004 3:15 PM To: [EMAIL PROTECTED] Subject: Re: g_b Homosexuality Illegal, Declares Delhi HC
Hi All just a thought. I presume the police and public prosecutors only take action again rapists if the victim is willing to press charges. If that is so, can I, if caught being fucked by my boyfriend say that the "carnal intercourse against the order of nature" was not voluntary on my part as I had not said 'enter Big Boy'. Or if the courts desire stronger proof, can I say that when Big Boy asked me permission for entry i said 'No way Big Boy (with a wide grin on my face!)'? And yet I do not wish to press charges of rape and so the police can take no action? If this premises can hold, every gay couple caught under this section shold revert to such action to show up what an ass of a law S377 is! Just a thought! Another thought.. As another member has already mentioned, this law is enough for any gay Indian to claim asylum in the West. If the West, esp UK find a flood of gay Indians claiming asylum, their governments will lose no time in pressing the Indian government to change the laws. Hmmmm...worth thinking about..esp for the many gay Indians who dream of foreign shores...It just needs 1 test case for governments everywhere to start moving.. regards ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. Register anything. http://us.click.yahoo.com/J8kdrA/y20IAA/yQLSAA/WfTolB/TM --------------------------------------------------------------------~-> Group Site: http://www.gaybombay.info ========================== NEW CLASSIFIEDS SECTION SEEKING FRIENDS? VISIT www.gaybombay.info click on classified section and type your message in the post section once the link opens What's hot? What's not? Where are the LGBT parties being held and when? Click here!! http://calendar.yahoo.com/YYY,04497/srt,0/gaybombaygroup/?v=42&POS= Post:- [EMAIL PROTECTED] Subscribe:- [EMAIL PROTECTED] Digest Mode:- [EMAIL PROTECTED] No Mail Mode:- [EMAIL PROTECTED] Individual Mail Mode:- [EMAIL PROTECTED] Contact Us:- [EMAIL PROTECTED] Groups Homepage:- http://groups.yahoo.com/group/gay_bombay Unsubscribe:- [EMAIL PROTECTED] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/gay_bombay/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
