[image: []] *NATIONAL ALLIANCE OF PEOPLE'S MOVEMENTS *A Wing First Floor, Haji Habib Building, Naigaon Cross Road Dadar (E), Mumbai-400 014 Ph. No-2415 0529 E*-mail*: [email protected]<[email protected]> * ---------------------------------------------------------------------------------------------------------------------------------------- * ** *
PRESS STATEMENT
JULY 3,
2010
Celebrating diversity and inclusiveness in the age of consent
One year ago, on July 2nd 2009, a Delhi High Court division bench of Chief
Justice A. P Shah and Justice S. Muralidhar said “We declare that Section
377 IPC, insofar it criminalizes consensual sexual acts of adults in
private, is violative of Articles 21, 14 and 15 of the Constitution.” It
upheld one of the primary principles of natural justice, 'right to consent'
and restored the dignity and rights of millions of those whose existence in
the society was not even acknowledged. Needless to say that while it was a
result of a long struggle by a lot of people that a judgement of this kind
came in, and that is not a mean achievement, however, implementation of this
is important. Just having a law is not enough.
In this one year we have seen many changes in the society and do hope this
will go a long way in ending the life-long harassment and discrimination in
schools, colleges, workspaces, homes, the streets and everywhere. The fight
against the discrimination in the name of caste, class, patriarchy and
religion has to be led at this front too and everybody will have to come to
the fore of it. After all in this age of consent, the cardinal principles of
liberty, equality, and fraternity has to be upheld not only by states but
also by the civil society.
We need to note that inspite of having a law to prevent the atrocities and
discrimination against the dalits and tribals still they are being subject
to all kinds of discrimination and face violence in everyday life. What is
needed is a political will for enforcing the law and people recognising the
value of dignity and a societal acceptance of these values. With dignity,
the right to life and dignified livelihood of everyone has to be respected
and that is why it becomes important that queer community joins hands with
dalits, adivasis, farmers, workers, fisher folks, forest dwellers and others
in their struggle for a better life. These struggles are not of one
community alone but are linked and is a struggle of everyone. This would
make the true rainbow alliance and ensure diversity and plurality within the
movement.
Justice shah and Muralidhar cited Dr. Ambedkar’s notion of “constitutional
morality” and Pt. Nehru’s idea of equality, and recognized that: “If there
is one constitutional tenet that can be said to be underlying theme of the
Indian Constitution, it is that of 'inclusiveness'.” And further that, “It
cannot be forgotten that discrimination is antithesis of equality and that
it is the recognition of equality which will foster the dignity of every
individual”.
NAPM joins hands with the queer movement in celebrating a year since this
judgement and urges the movement to also come forward in tune with the
struggle of millions for a dignified livelihood and to end continuing
violence unleashed by the neo-liberal policies of the government on the
people. The challenges are many and we have to spread far and wide and lend
our shoulders with struggling people everywhere and take the movement to
hitherto unreachable places in villages and smaller towns as well. As a
movement let us make sure that round the year we are on the streets fighting
the injustice everywhere not only when our individual freedom and rights are
at stake. As a movement we have to stand with everyone and everywhere
against discrimination, oppression and injustice.
Celebrating diversity, plurality and for a rainbow of resistances against
injustice and violence ...
Medha Patkar, Sandeep Pandey, Gabriele Dietrich, Maj Gen S.G.Vombatkere
(Retd), Anand Mazgaonkar, Mukta Srivastava, Rajendra Ravi, Ramakrishna Raju,
Vimal Bhai, Srikanth, Madhuresh Kumar
*
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National Alliance of Peoples' Movements (NAPM)
Mobile +91 9818 905316
email : [email protected] | [email protected]
Web : www.napm-india.org
--
"The tradition of the oppressed teaches us that the 'state of emergency' in
which we live is not the exception but the rule. We must attain to a
conception of history that is in keeping with this insight. Then we shall
clearly realize that it is our task to bring about a real state of
emergency, and this will improve our position in the struggle against
Fascism." --Walter Benjamin
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