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2009-07-06 Thread dick size
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g_b Re: [lgbt-india] territorial issues - request

2009-07-06 Thread ryan figueiredo
Hey Aditya
Thank you for this.
This makes things a little clearer now - but there are still people who are 
quite misinformed about the judgement and its implications of this judgement.
 
Is it possible for you, mayur, alok etc to think about some drive to educate us 
about the ruling. I am not sure how one should go about it, but i can spam 
people. Can you mail us a structured - pamphletey kind of document. I would be 
happy to take print outs and distribute it to whoever i can. Maybe there is 
something already out there. Can you please point it out for me?
 
Cheers
R
 

--- On Sat, 7/4/09, Aditya Bondyopadhyay adit.b...@gmail.com wrote:


From: Aditya Bondyopadhyay adit.b...@gmail.com
Subject: Re: [lgbt-india] territorial issues
To: lgbt-in...@yahoogroups.com
Cc: gaybom...@yahoogroups.com, gay_bombay@yahoogroups.com, 
khush-l...@yahoogroups.com, movenp...@yahoogroups.com, gayde...@yahoogroups.com
Date: Saturday, July 4, 2009, 9:58 AM








Hi, taking a short cut and cut-pasting what I wrote to Raj Aiyar on the same
question he sent me on facebook:

Raj's Question: Hey Aditya, here are my searing questions du jour: does the
Delhi High Court verdict only cover Delhi? Do other states have to await
their own high court/Indian Supreme Court decision on reprealing IPC 377,
citing the Delhi precedent? Or a parliamentary act decriminalizing same sex
love nationwide?

Hi Raj, it is now settled law, because we follow the common law system,
that a ruling by a high court is valid all over India till:
1] It is overruled by a conflicting judgement of another high court,
2] It is overruled by a higher bench of the same or any other High Court,
3] It is stayed by the Supreme Court,
4] It is overturned by the Supreme Court

The parliament has only been given a suggestion because parliament is immune
from the court's jurisdiction. It can take up the suggestion, or it can
reject the suggestion.

However there is nothing stopping the parliament to legislate on the issue,
and do note, that legislation can be to uphold the judgement, or to negate
the effect of the judgement (Happened before in the Shah Banoo Case). If it
is the latter, i.e. if the legislation negates the judgement, then it
becomes open for us to go to the court agauin and reopen the issue of
constitutionality of the new legislation.

Hope that answers the question...Best,
Aditya B

On 04/07/2009, Vikram D vg...@yahoo. co.uk wrote:



 This question about the 377 verdict only being applicable in Delhi keeps
 coming up. I really am not very impressed by it - its the sort of point
 that's being made by people who feel the need to make a point to show how
 clever they are. Its certainly not the spirit in which the judgment was
 fought, has been written or is being received by the media.

 Still, since its being raised, here's my attempt at a response. And not
 being a lawyer, I'll leave it to a legal writer to make the legal point:


 http://timesofindia .indiatimes. com/India/ Is-HCs-gay- ruling-applicabl 
 e-to-all- states/articlesh ow/4735189. cms

 I think the fairest that can be said is that the matter is unclear, and can
 only conclusively be decided in the Supreme Court - where this matter is
 going to end up anyway.

 But I'll just make two points. One, courts in India cite the verdicts of
 other courts all the time to help them decide the law, and a judgment of
 this quality from a court as important as the Delhi High Court and a judge
 as respected as A.P.Shah is bound to be studied and perhaps cited by other
 judges. Shah in a sense has set down a gauntlet - this is what one important
 part of the judiciary feels on the issue, and it cannot be lightly dismissed
 by any court.

 As a sidelight, here's an example of how this case had an impact in another
 High Court's jurisdiction even before it was decided. A couple of years back
 a young British man called Desmond Hope was arrested by the Goa police and
 charged under 377. He had been doing nothing wrong, just chatting with an
 Indian guy, but the police had stopped him to see if they could get some
 money off him by claiming he had broken some small rule (I think it was
 about the type of bike he had rented) - a common scam in Goa.

 But when they realised he was gay, they saw the chance of making real money
 and claimed he was sleeping with the Indian guy who was a minor (which he
 wasn't). The Indian guy was suitably terrified into helping the police.
 Desmond was put in jail for three months as lower courts refused to give him
 bail because 377 was such a seious offence. Desmond's partner had got in
 touch with us and we helped take the bail application to the Goa High Court
 where Justice Britto immediately granted it on the grounds that:
 (a) the Indian guy was not a minor so there was no child sex abuse angle,
 and
 (b) 377 was a law that was currently being debated in the Delhi High Court
 and could be on its way out, so it was not as serious an offence as the
 lower courts thought.

 

Re: [GayBangla] Fw: g_b Catholic Christian groups in India set to challenge the 377 Delhi High Court verdict in the Supreme Court.

2009-07-06 Thread Sanjay Lulla

HI

I read that although they oppose, they hold that same gender sex is not a crime and should not be criminalized. It is a conscious thing as per them so on what grounds will they petition against the ruling? Can they, on basis of their understanding that, it is immoral?
How much ground can that hold?
little prince-Sanjay N Lulla 




From: Aditya Bondyopadhyay adit.b...@gmail.comTo: gayban...@yahoogroups.comSent: Saturday, July 4, 2009 5:40:31 AMSubject: Re: [GayBangla] Fw: g_b Catholic Christian groups in India set to challenge the 377 Delhi High Court verdict in the Supreme Court.

I think they should at least read the judgement once before they decide to go to the Supreme Court...they have no chance in hell there...tough shit...
On 04/07/2009, Moderator-of- BAG red_doo...@yahoo. com wrote: 






-- Forwarded message --From:modera...@gaybombay .inTo:gay_bom...@yahoogro ups.com, gay_bombaygroup gay_bombaygroup@ yahoogroups. com, GayAhmedabad gayahmedabad@ googlegroups. com, GayBangalore gaybangalore@ googlegroups. com, GayBombay gaybom...@googlegro ups.com, gay-bombay gay-bom...@yahoogro ups.com, GayBombay Blogger gaybombay.sasha1989 @blogger. com, gaybombaygroup gaybombaygroup@ googlegroups. com, gay-bombaygroup gay-bombaygroup@ yahoogroups. com, Gaybombayonline gaybombayonline@ googlegroups. com, Gaycalcutta gaycalcutta@ googlegroups. com, gaycalcuttagroup@ yahoogroups. com, GayChennai gaychen...@googlegr oups.com, GayChennaiYahooGrou p gaychennaigroup@ yahoogroups. com, GayDelhi gayde...@googlegrou
 ps.com, GayIndia gayin...@googlegrou ps.com, Gayindiagroup gayindiagroup@ googlegroups. com, GayMumbai gaymum...@yahoogrou ps.com, GayMumbai gaymum...@googlegro ups.com, gb-group gb-gr...@yahoogroup s.com, LGBTIndia lgbtin...@googlegro ups.com, lgbt-india lgbt-in...@yahoogro ups.com, "time84x...@post. wordpress. com" time84x...@post. wordpress. comDate:Fri, 03 Jul 2009 23:49:47 +0530Subject:g_b Catholic Christian groups in India set to challenge the 377 Delhi High Court verdict in the Supreme Court.




CNN-IBN


LEGAL BUT UNWELCOME: Gays and lesbians in India are still not welcome in the religious places in India. 
New Delhi: They might have won the battle in the court, but gays and lesbians in India are still not welcome in the temples, mosques or churches. The Catholic Christian groups in country are set to challenge the Delhi High Court verdict in the Supreme Court.
Reverend Stephen Alathara of the Kerala Catholic Bishop Council says, "We have been assured by Government Ministers that homosexuality will not be legalised. We will go to the Supreme Court against the verdict along with other catholic groups."
And it's not the just the church. Opposing homosexuality is one issue that has brought all religious leaders together. 
Hindu Godman Baba Ramdev and Muslim Ulema from the Deoband have already cautioned the Government against legalising homosexuality.
"We will make sure that the Government will not bring any changes in the law," says a member of the famous Lucknow seminary of Firangi Mahal.
As decibels rise, the Government zeal to change the law is diminishing. A high-level meeting of the Home Minister, Health Minister and the Law Minister at the North Bloc failed to reach a consensus on the future course of action.
"We three ministers met to analyse Section 377 and we have analysed it. Now we will submit a small note on the same to the Prime Minister for appropriate action to be taken," says Law Minister Veerappa Moily.
There is no consensus among the ministers and if the debate reaches Parliament, the UPA Government will be at the receiving end from the BJP as well as parties like the RJD and the Samajwadi Party, which are also taken bitterly opposed to gay rights.


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g_b The article that I wrote for DNA

2009-07-06 Thread Kris Bass
Hey guys,
Just for the record, I was asked to contribute to DNA (Mumbai). I was asked
to write about how much further we need to go with regard to attaining human
rights. Here's the link
http://www.dnaindia.com/mumbai/comment_now-that-we-are-legal-make-it-illegal-to-harass-us_1271105
And here's the article.
*'Now that we are legal, make it illegal to harass us'*
Dr Krishna Kumar Venkitachalam
Saturday, July 4, 2009 23:30 IST


I was at work when, on the live webcast of a news channel, I found out about
the Delhi High Court ruling. I couldn't help but scream out, Ye! I'm
finally legal, and ended up startling my colleagues.

My initial jubilation was shared by many, both within and outside the LGBT
(lesbian, gay, bisexual, transgender) community. I heartily congratulate and
thank all those involved in the movement that led to this historic judgment.
Who amongst us wouldn't celebrate our becoming not illegal after such a
lengthy and arduous struggle?

However, as a pragmatic gay activist, I realise that this is the first minor
victory in a protracted, uphill battle. The ground-level situation of an
open homosexual in India remains socially perilous. From the constant
homophobic banter at the workplace -- which in my case was KEM Hospital --
to the threat of getting beaten up in a police lock-up for no reason at all,
life is tenuous and stifling.

One of the reasons I put my promising career as a surgeon on hold to try my
luck as a musician was to enjoy the freedom to be myself. But not everyone
has luxuries such as an accepting family and an alternative career to
consider, or an enlightened circle of friends. Hence, it is essential that
we work towards a state of social equality.

We have waited so long for this crumb of approval that we are likely to fall
into a state of complacency, thinking that we have made it. But that,
sadly, is far from the truth. In fact, the recent ruling will inflame the
more radical wings of conservative sentiment and could, in fact, lead to an
even more hostile stance against us. Now we need a law criminalising
harassment of our community.

I was at the receiving end of discrimination during the hunt for an
apartment for me and my partner. I even had to ask a woman, a good friend of
mine, to pose as my wife. If responsible adult citizens are denied a place
to live with their same-sex partners in a city like Mumbai, have we actually
progressed as a nation?

We shouldn't be grateful for the high court decision decriminalising us --
showing gratitude would be like kissing the torturer for loosening the
shackles. We were always legal at every rational and moral level, and for
that to have been confirmed by the court was merely stating the obvious.

-- 
http://engayginglife.blogspot.com

Remember that if men were not meant to be sucked, their bodies wouldn't
have come with a nozzle! - A Gay


Re: g_b Breaking News--Homosexuality Can Be Cured!

2009-07-06 Thread Bloot Fontaine
I had read a critic write that Doordarshan is much more funny when it is 
inadvertently funny. The same applies to this esteemed His Holiness Baba 
Ramdev, who seems to prefer talking through his hole.

--- On Sat, 4/7/09, modera...@gaybombay.in modera...@gaybombay.in wrote:

From: modera...@gaybombay.in modera...@gaybombay.in
Subject: g_b Breaking News--Homosexuality Can Be Cured!
To: gay_bombay@yahoogroups.com, gay_bombaygroup 
gay_bombaygr...@yahoogroups.com, GayAhmedabad 
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lgbt-india
 lgbt-in...@yahoogroups.com, time84x...@post. wordpress. com 
time84x...@post.wordpress.com
Date: Saturday, 4 July, 2009, 11:13 PM
















  
  







Reacting to the
Delhi High Court judgment,  Baba Ramdev says homosexuality can be cured ,, all
you have to do is some yoga...  

Jai Ho Ramdev
Mahraj.. You have claimed a cure for HIV, Cancer and now you say Gays are
sick... and some asanas can cure them of their disease.. Run Baba
Ramdev run.. Patent your revolutionary findings! 

   

   

Email: modera...@gaybombay .in 

Web
Sites: 

www.gaybombay. in 

www.gaybombay. info 

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E
Groups: 

http://groups. yahoo.com/ group/gay_ bombay 

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Internet Radio  

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Helpline number 9820565885 

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Twitter 

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Facebook 

facebook.com/ gaybombay 

   







 

  




 

















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Click here http://cricket.yahoo.com

g_b Consentual Sex-Religious Leaders are hypocrites!

2009-07-06 Thread david david
A hue and cry from the religious leaders in India denouncing the Judgment of 
the Delhi High Court making consentual sex between adults in private as 
non-offensive under Section 377 of the Indian Penal Code.
Is there any religion in the world that allows a married woman to have sex with 
a man who is not her husband, but with the consent of her husband? An immoral 
and irreligious act indeed !
Can any so called religious leaders in India dare to stand up and chellenge the 
provisions of  Adultery occuring in Section 497 of the Indian Penal Code? 
Qoting Section 497 of I.P.C. 497. Adultery- Whoever has sexual intercourse 
with a person who is and whom he knows or has reason to believe to be the wife 
of another man, without the consent of connivance of that man, such sexual 
intercourse not amounting to the offence of rape, is guilty of the offence of 
adultery, and shall be punished  with imprisonment of either term which may 
extend to five years, or with fine, or with both. In such case the wife shall 
not be punishable as an abettor. 
Is this not  consentual sex between adults permitted under the law? 


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Click here http://cricket.yahoo.com

g_b Gays, eunuchs have 135 cases pending

2009-07-06 Thread moderator

 http://timesofindia.indiatimes.com/
http://timesofindia.indiatimes.com/photo.cms?photoid=1799437




  


 http://timesofindia.indiatimes.com/articleshow/msid-4741814,prtpage-1.cms
http://timesofindia.indiatimes.com/photo.cms?msid=3360035

 



Gays, eunuchs have 135 cases pending

6 Jul 2009, 0123 hrs IST, Viju B , TNN



MUMBAI: The city police have registered 135 criminal cases pertaining to
unnatural sex under Section 377 of the Indian Penal Code over the last ten
years. Significantly, all these cases are still pending at various police
stations. 

TOI spoke to a cross-section of homosexuals and eunuchs who said a majority
of these cases was filed to harass the LGBT community. Recently, two
eunuchs who were travelling in a second class compartment were thrown out by
cops though they had valid tickets. They were then put behind bars and asked
to strip,'' alleged Abhijit Aher, who has been associated with Humsafar
Trust, an NGO that works for the welfare of LGBTs. 

Aher said there were several instances where eunuchs were put behind bars
when all they were doing was begging or having commercial sex. Members of
this community resort to begging and commercial sex as nobody in the society
is willing to offer them a decent livelihood,'' he added. 

Members of the city's gay community say sometimes masseurs offer consensual
sex and then try to extort money from them by threatening to file cases
against them. In many cases, the homosexual persons pay the exorbitant
amount as they fear they may have to appear in court if a case is filed
against him under Section 377 of the IPC,'' Aher said. 

Section 377 of the IPC says that any person who has voluntary carnal
intercourse against the order of nature with any man, woman or animal, shall
be punished with imprisonment for life, or with imprisonment that may extend
up to ten years, and will also be liable to a fine. 

This section has been misused by the police and it is high time the law is
amended,'' said IPS officer-turned-lawyer Y P Singh. 

Agrees RTI activist Chetan Kothari, who has filed a query on this issue.
The fact that a large number of cases are still pending shows that the
police are not interested,'' he said. Gay activists said though they
welcomed the Delhi high court order, they were not sure if it would have an
immediate impact on the cases filed against members of their community. 

 

 

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attachment: image001.gifattachment: image002.gif

g_b A 'Common Front' for The Marginalized in India

2009-07-06 Thread moderator
 http://www.washingtonpost.com/ washingtonpost.com

A 'Common Front' for The Marginalized in India
Gay Activist Works to Build Broad-Based Political Party

By Emily Wax
Washington Post Foreign Service
Monday, July 6, 2009 

BANGALORE, India
http://www.washingtonpost.com/wp-srv/world/countries/india.html?nav=el  --
Popping out of an auto rickshaw, Manohar Elavarthi unloaded a backpack
stuffed with protest posters. Soon he would be rushing to a street
demonstration, one that would bring together low-caste Dalit activists,
Gandhians, cross-dressers and members of domestic workers unions. 

Elavarthi aspires to be the first openly gay man elected to a major
political office in India, like Harvey Milk in the United States. Elavarthi
is credited with being the first gay figure in India to build a mainstream
political coalition across a wide spectrum of historically marginalized
groups. 

Our dream for Indian politics is to build a common front of lesbians,
untouchables, eunuchs and low-paid workers -- people who really need a voice
in this country, said Elavarthi, who has received death threats for his
views, largely from right-wing religious groups and police. India -- the
new India -- is really changing. We need to build a party around social
justice for minorities. It would be a sign that India is a true secular
democracy. 

India, a nation of 1.1 billion people, is in the midst of an unprecedented
debate over homosexuality, part of a wave of social change led by the
younger generation in this traditional society. Modern India's youths are
more economically mobile and independent than any generation before. Across
the country, there is growing political pressure from a diverse coalition of
college and law students, activists, artists and even mainstream politicians
to overturn laws banning homosexuality. 

In a groundbreaking ruling issued Thursday, the Delhi High Court
decriminalized homosexuality. The court decision overturning an 1860
British-era statute applies only to New Delhi, the capital. But activists
expect it to influence courts across the country. On Thursday, celebrations
were held in the streets of major cities. 

From last night I haven't been able to sleep. While I sat in court, there
were butterflies in my stomach. I just prayed to God, said Pamela Mitra,
28, a transvestite who wore a green-and-white salwar-kameez, the traditional
tunic-and-pants ensemble, in New Delhi. Over the years, my community has
faced sexual harassment and blackmail from police. These atrocities are
everyday affairs for us. We are humans. Today has affirmed this notion. I
feel like crying, dancing, screaming and smiling all at once. 

In a major shift, the government recently called a meeting of top officials
to talk about the 150-year-old statute, known as Section 377. New Cabinet
ministers appointed after the recent elections could bring new thinking on
the law, Home Minister P. Chidambaram said last week, the Indian Express
newspaper reported. 

Although some ruling party politicians are inclined to overturn the ban,
opposition parties argue that decriminalizing gay sex will lead to aberrant
behavior. 

Those in favor of amending the law argue that it violates human rights
enshrined in the constitution. They also say that keeping gays closeted
limits awareness about safe sex. HIV/AIDS affects an estimated 2.5 million
people in India. 

In the last weekend of June, hundreds of gay rights supporters danced and
marched in the sweaty summer heat of New Delhi and in the southern cities of
Chennai and Bangalore. One parent held up a sign that read Proud Mother.
Some young Indians chanted Long Live Queeristan. Others sang Gay Ho to
the tune of Jai Ho, the megahit from the Oscar-winning movie Slumdog
Millionaire. 

Cross-dressing men were decked out in sparkling saris and nose rings. It was
the second year for the pride parades, and more people attended this time
around. A fresh crowd of younger gay activists and heterosexual supporters
of the cause reportedly organized the event. 

In Bangalore and outlying rural areas, Elavarthi organized a week-long slate
of events in the run-up to the marches, including the country's first gay
cricket match, a dialogue with Dalit leaders, a seminar on religion and
sexual minorities, and several film screenings and mixers in villages. 

The gay rights movement in India was once dominated by artists and members
of the upper castes. But the movement now seems to be breaking down class
divisions and uniting youth culture around human rights concerns. 

The marches were held just before the Delhi High Court issued its decision.
The effort to repeal Section 377 was seen as a test of India's commitment to
secular democracy, with some legal experts saying that religious arguments
should not trump constitutional rights in a democratic society. 

For centuries, the transgender community in India enjoyed some social
acceptance under the cultural traditions of Hinduism and Islam. Some tribal

Re: g_b Breaking News--Homosexuality Can Be Cured!

2009-07-06 Thread Amit 69
I wouldn't be surprised if he came up with solutions to issues like global
warming and climate changes with his asanas...lol..

Amit