g_b Tough to fault HC 377 ruling: Law Ministry
Indian Express Tough to fault HC 377 ruling: Law Ministry Maneesh Chhibber Posted online: Wednesday, Jul 22, 2009 at 0855 hrs New Delhi : The Union Law Secretary has told the government that its difficult to find any lacunae in the judgment of the Delhi High Court which struck down provisions in Section 377 of the IPC that criminalised homosexuality. This comes when the Centre has sought time from the Supreme Court to formulate its stand on the issue. On Tuesday, it told the court it did not want a stay on the July 2 verdict of the Delhi High Court that legalised gay sex among consenting adults. In his report to Union Law Minister M Veerappa Moily, Law Secretary T K Vishwanathan is also learnt to have said that there are no sufficient grounds on the basis of which an appeal could be maintainable in the Supreme Court. He has also suggested an innovative way out of the impasse. The Law Secretary had been asked to submit a report at a meeting of the Union Ministers of Law, Home and Health on July 3. Moily is expected to share the Secretarys report with the Home and Health Ministers later this month. Vishwanathan is learnt to have recommended that a March 2000 report of the Law Commission on review of the IPC and CrPC on rape could be one answer to the governments problem. In this report, the Commission had recommended repealing Section 377 and making rape gender-neutral. At present, only a man can be charged under the offence of rape of a woman. A male member of the society cant levy rape allegations against anybody. This offence is dealt with the section dealing with sodomy. In its report, submitted by then Chairman of the Commission, Justice B P Jeevan Reddy (retd), to then Union Law Minister Ram Jethmalani, the Commission recommended that instead of rape, those accused under Section 375 of the IPC should be accused of sexual assault. This would include forcible oral sex. The panel also recommended that the minimum punishment under Section 375 be five years. It also recommended addition of a new Section 376E in the IPC to deal with Unlawful sexual contact, which would include touching with sexual intent any other person. On the question of Section 377, this is what the Commission wrote: In the light of the change effected by us in Section 375, we are of the opinion that Section 377 deserves to be deleted. After the changes effected by us in the preceding provisions (Sections 375 to 376E), the only content left in Section 377 is having voluntary carnal intercourse with any animal. We may leave such persons to their just deserts. Despite initially making loud noises about doing a rethink on Section 377, senior functionaries of the Union Ministers backtracked after religious leaders opposed any move to do away with laws that ban homosexuality. Email: mailto:modera...@gaybombay.in modera...@gaybombay.in Web Sites: http://www.gaybombay.in/ www.gaybombay.in http://www.gaybombay.info/ www.gaybombay.info http://www.gayindia.org/ www.gayindia.org E Groups: http://groups.yahoo.com/group/gay_bombay http://groups.yahoo.com/group/gay_bombay http://groups.google.com/group/Gaybombay http://groups.google.com/group/Gaybombay GB Internet Radio http://www.gaybombay.in/gbradio Gaybombay breaking news and annoucements http://labs.google.co.in/smschannels/subscribe/Gaybombay http://labs.google.co.in/smschannels/subscribe/Gaybombay Emergency Helpline number 9820565885 Orkut: http://www.orkut.co.in/Main%23Community.aspx?cmm=22091955 http://www.orkut.co.in/Main#Community.aspx?cmm=22091955 Blogs: http://gaybombay.blogspot.com/ http://gaybombay.blogspot.com http://gaybombay.wordpress.com/ http://gaybombay.wordpress.com Twitter http://twitter.com/gaybombay http://twitter.com/gaybombay Facebook http://www.facebook.com/gaybombay facebook.com/gaybombay attachment: image001.gif
g_b Who's afraid of homosexuality?
javascript:window.print(); Print javascript:window.close() Close Window Indian Express Whos afraid of homosexuality? RAM JETHMALANI Posted online: Wednesday, Jul 22, 2009 at 0430 hrs The legal philosopher and reformer Jeremy Bentham produced The Theory of Legislation in the first half of the 19th century. It propounded the great principle of utility, a veritable working manual for lawmakers all over the world: The PUBLIC GOOD ought to be the object of the Legislator, GENERAL UTILITY ought to be the foundation of his reasonings. To know the true good of the community is what constitutes the science of legislation; the art consists in finding the means to realize that good. The lesson was simple yet profound. He propounded that nature has placed man under the realm of pleasure and pain. To these man owes his ideas, judgments and determination of his life. Evil is pain or the cause of pain. Good is pleasure or productive of pleasure. Criminal law prescribes a series of punishments for different acts and omissions. Every punishment produces pain at least to him on whom it is inflicted. Punishment, therefore, is an evil. Its only justification is that it prevents a greater evil or produces in some other or others or the general public much more pleasure. From these two principles he had no difficulty in formulating the principles on which a rational penal code should be constructed. The Delhi high court recently produced a memorable judgment declaring Section 377 of the Indian penal code constitutionally invalid. Lord Macaulay and his fellow commissioners who framed that code had presumably not taken Benthams teachings seriously, at least when they introduced their notion of Victorian morality into this section. Voluntarily having intercourse against the order of nature with any man, woman or animal is declared a serious crime for which the punishment may well extend to 10 years and fine or both. As judicially interpreted and noticed by the Delhi high court, sexual activities hit are the following: 1. Intercourse by a man with a woman other than vaginal; such as involving the anus, mouth or any other orifice in the human body; 2. Intercourse with any male involving the anus or any other orifice; 3. Act commonly known as practice of bestiality. Section 377 by its marginal note classifies all three as unnatural offences. Macaulay did not know that the fish, iguana lizards, roosters, dogs, cats, horses, rabbits, lions and many other species mount others of the same sex. Homosexual behaviour is so rampant in non-human species that it is difficult to justify the epithet unnatural for this behaviour. Neither Bentham nor any other rational person would see in these actions any element of producing the evil of pain. Of course my assumption is that intercourse is by free consent and does not involve minors who are incapable of consenting to remain untouched by the section. The Delhi high court judgment is full of learning and references to literature on psychiatry, genetics, religion and judgments delivered in other jurisdictions, particularly the US and Canada. It refers to the report of the British Wolfenden Committee and the Sexual Offences Act, 1967, by which English law de-criminalised homosexuality. It fortifies its conclusions by the 172nd report of the Law Commission which also took the same view: Section 377 in its present form has to go. The Delhi high court judgment is substantially based upon the citizens right to privacy and a life of dignity. The court correctly concluded that these rights can only be subordinated to some overriding public interest. Counsel for the Union of India could not point out any and the court rightly rejected his feeble argument that the law in some remote way promotes public health. The submission was in the teeth of the view of the American Psychiatric Association presented to the United States Supreme Court in 2002 in the case of Lawrence v. Texas : According to current scientific and professional understanding, however, the core feelings and attractions that form the basis for adult sexual orientation typically emerge between middle childhood and early adolescence. Moreover, these patterns of sexual attraction generally arise without any prior sexual experience. Thus, homosexuality is not a disease or mental illness that needs to be, or can be, cured or altered, it is just another expression of human sexuality. Now the view for which the additional solicitor general canvassed was the view of the home ministry with which the health ministry did not agree. To the best of my knowledge it has never happened that two government departments made conflicting and irreconcilable submissions in a public hearing before a high court. I hope that the government puts its house in order before the Supreme Court. What further surprises me, is that the most effective 8th respondent, namely the National Aid Control Organisation (NACO) did not use
g_b Role of Gay Men in Spreading Virus Is Ignored in Africa, Study Finds [1 Attachment]
Attached is an important report from the respected medical journal Lancet about gays in sub-Saharan Africa. Some of its findings are quite relevant to India as well, such as: - Governments have allocated no money to AIDS prevention specifically amongst gays; - Governments and media aim very little safe-sex information at gay men; - Homosexuality is illegal in 31 African countries; - Many gays are married, and have sex with women as well; - There is social stigma as well as harrassment from the police; - Political and religious leaders have condemned homosexuality as immoral and not deserving attention from the state; - Political, cultural, and religious hostility towards gays presents the main barrier to implementing effective HIV research, policy, and health programmes for gays; - All these act as impediments to HIV prevention and cure. Conclusion of the report: Structural interventions that encompass legal reforms and social protections for gays and those who work with them is essential to enable and sustain effective national HIV/AIDS responses for gays. The report is not free, but can be obtained through online payments from: http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(09)61118-1/fulltext Please purchase a copy for any formal use. DOI to be used for citing the report: doi:10.1016/S0140-6736(09)61118-1 (http://dx.doi.org)
g_b chinese needs to rent a room in mumbai...
Dear All, I am going to take a course in City Mumbai in November, 2009, in the Mathew Road, Opera House, Mumbai 44, and want to rent a room with toilet and kitchen etc. Any one can help me? I am from China. Thanks for the help. cheers Peter Email: modera...@gaybombay.in Web Sites: www.gaybombay.in www.gaybombay.info www.gayindia.org E Groups: http://groups.yahoo.com/group/gay_bombay http://groups.google.com/group/Gaybombay GB Radio www.gaybombay.in/gbradio Gaybombay breaking news and annoucements http://labs.google.co.in/smschannels/subscribe/Gaybombay Emergency Helpline number 9820565885 Orkut: http://www.orkut.co.in/Main#Community.aspx?cmm=22091955 Blogs: http://gaybombay.blogspot.com http://gaybombay.wordpress.com Twitter http://twitter.com/gaybombay Yahoo! Groups Links * To visit your group on the web, go to: http://groups.yahoo.com/group/gay_bombay/ * Your email settings: Individual Email | Traditional * To change settings online go to: http://groups.yahoo.com/group/gay_bombay/join (Yahoo! ID required) * To change settings via email: mailto:gay_bombay-dig...@yahoogroups.com mailto:gay_bombay-fullfeatu...@yahoogroups.com * To unsubscribe from this group, send an email to: gay_bombay-unsubscr...@yahoogroups.com * Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
g_b Top / Bottom / Versatile Zip Aage / Zip Peechhe / Zip Dono Taraf
I received an SMS Joke just now, which was: After Ruling upon Sc 377, a tailor asked a man about his trousers. Saahab, Pant me Zip kahaan lagaau? Aage, Peechhe Ya Dono Taraf? So Finally Terms have been changed... Now you can ask T/B/V Question with Do you wear pants with ZIP in Front / Back / Both Sides? He he he...
Re: g_b Sharjah police enforce old law against men wearing accessories
Osama bin Laden would rush to hug the ruler of Sharjah if he came to know about this. Just one more example of being regressive. From: Sanjay Lulla sanjay_lulla2...@yahoo.com To: GB gaybom...@yahoogroups.com; GBG gayban...@yahoogroups.com; G_B gay_bombay@yahoogroups.com; IGP indiangayph...@yahoogroups.com Sent: Wednesday, 22 July, 2009 12:40:13 PM Subject: g_b Sharjah police enforce old law against men wearing accessories Friends in Sharjah beware. http://www.gulfnews.com/nation/Police_and_The_Courts/10333560.html Sharjah police enforce old law against men wearing accessories By Bassma Al Jandaly, Staff Reporter Published: July 21, 2009, 22:45 Sharjah: Thirteen-year-old Mohammad was with a group of friends in Al Qasba area when he was reportedly approached by a police officer and taken to the police headquarters. His silver necklace had to go. Another resident, Jeril Jaison Varghese, says he was in front of the Multiplex in Mega Mall to watch a movie when a CID officer asked him for his identification. I was taken to the Sharjah Police office inside the mall by a security guy from the mall. My silver bracelet was confiscated by the CID, he said. When Varghese asked why his bracelet was being taken away, he says, police said men are not allowed to wear bracelets or any fashion accessories in Sharjah malls even if it is silver and not gold. When did this rule come into being? There was no public notification and no posters in the mall notifying people of this rule, Varghese said. Another resident said on Saturday CID confiscated his friend's silver bracelet while they were in a mall. Is there a rule in Sharjah that authorises the CID to confiscate fashion accessories other than gold from residents and their children from malls? asked Aji Alexander. A Mexican mother who recently shifted to the UAE and is now living in Sharjah said her 14-year-old son was scared when he was stopped by police who shouted at him for wearing diamond earrings. Police were rude... We have no clue that such things are not allowed here, the mother said. I am not allowing my son to go to Al Qasba again. My son is a very decent and polite boy, she said. If people are not offending the laws of the country and are not acting like women by wearing such accessories so why are police taking such action? she asked. Mohammad from Sudan said his 18-year old nephew who came from Abu Dhabi to visit his grandmother in Sharjah was taken last week to the headquarters for wearing a silver necklace. The boy was afraid. He was standing in front of his grandmother's house when police took him to the CID. After three hours he contacted us, said Mohammad. Residents said Sharjah authorities should inform people who wish to come here that men must not wear fashion accessories. Tourist companies should inform the public. Information booklets should be handed to people at the country's entry points. They should advertise that in all malls and entertainment areas such as Al Qasba which we believe are safe places for our children to spend time, said a resident. We are aware of the decency law in Sharjah, but wearing silver bracelets, necklaces, or even earrings in a decent way is not against the law, said a resident. A senior CID official told Gulf News that police are implementing an eight-year-old decency law. Men are not allowed to wear such accessories. Everybody is aware of that, he said. We are informing people through the media and people should be aware of that, he said. Islam forbids men from wearing gold and silk. Of course wearing shorts or revealing clothes even arms and legs wa sbanned form before. Alcohol was and is a strict no no. Dubai had banned wearing of makeup by men, well the majority of the made up guys apprehended were emiratis I know this is ridicilous am worried if the law rubs of on Dubai: where will I go? little prince-Sanjay N Lulla Love Cricket? Check out live scores, photos, video highlights and more. Click here http://cricket.yahoo.com
Re: g_b any skin specialist in mumbai
Why don't you just look up a Yellow Pages, dear? I stay in Girgaon area, but, if I was you, I would merely check out Tata Press Yellow Pages or something! Try the following numbers:- B2B Yellow Pages Mumbai's JUST DIAL: 3999 Forbes Yellow Pages 4545 4545 Citizen's Yellow Pages 6777 Infomedia Yellow Pages 4141 4141 (which formerly was Tata Press Yellow Pages until Infomedia took it over) and finally MTNL's website advertised on their telephone directory: GETITINDIA.COM Hope this helps! Regards and God Bless! --- On Tue, 21/7/09, vishal shah anil_seth1...@yahoo.co.in wrote: From: vishal shah anil_seth1...@yahoo.co.in Subject: g_b any skin specialist in mumbai To: garamj...@yahoogroups.com, gay_bombay@yahoogroups.com Date: Tuesday, 21 July, 2009, 3:37 PM dear members, I wanna consult skin problem with doctor. Near by my area i have all ladies with whom i am not comfortable. pls any of u or yours doctor especially in thane or vashi near by pls get their details. thanks and regards anil seth Yahoo! recommends that you upgrade to the new and safer Internet Explorer 8. See the Web#39;s breaking stories, chosen by people like you. Check out Yahoo! Buzz. http://in.buzz.yahoo.com/
g_b A Straight Guy's Perspective On Homophobia
A guy gave me his post-link regarding his perspective on why homophobia is existing. http://harmanjit.blogspot.com/2008/06/on-homophobia.html Crazy Sam. -- Crazy Sam's Bloginess - http://samsbloginess.blogspot.com/
Re: g_b GB Sunday Meet at Mulund on 26 July 2009
There is no upper age limit to attend and participate in the event. Regards Manoj.--- On Tue, 21/7/09, prem chandran zulfy_2...@yahoo.com wrote: From: prem chandran zulfy_2...@yahoo.comSubject: Re: g_b GB Sunday Meet at Mulund on 26 July 2009To: gay_bombay@yahoogroups.comDate: Tuesday, 21 July, 2009, 10:58 PM NOTED BELOW APPNDED MESSAGE IS THERE ANY UPPER AGE LIMIT TO ATTEND THE GET TOGETHER --- On Tue, 7/21/09, GayBombay Events eve...@gaybombay.org wrote: From: GayBombay Events eve...@gaybombay.orgSubject: g_b GB Sunday Meet at Mulund on 26 July 2009To: airoli_mum...@yahoogroups.co.in, bombay-d...@yahoogroups.com, bombaygaydoct...@yahoogroups.com, bombaylesbi...@yahoogroups.com, cool_gays_bom...@yahoogroups.com, funkyguy_mum...@yahoogroups.co.in, gay_bombay@yahoogroups.com, "Gay Bombay" gaybom...@yahoogroups.com, gaybombaygr...@yahoogroups.com, gaydombi...@yahoogroups.co.inDate: Tuesday, July 21, 2009, 12:02 PM The GayBombay Sunday Meet atMulund on26July 2009 Day Date: Sunday,26July 2009Time: 5:30 PM - 6:00 PM. Meeting Venue: Outside Monginis, Next to Gangar Eye Nation, Opp. Mulund Station, Mulund(West), Mumbai 400 080 Cover: Free entry to the meet We shallgather outside Monginis before proceeding to someone's place not far off for another round of chatar patar catching up on each others lives or just bitch about nothing :-) We would be at theMonginis for approx 30 min from 5.30 pm Directions:For those coming by trains: the place is just diagonally oppositethe southern (CST end) exitofMulund Station on the west.For those coming by Highway: turn in towardsMulund at MHADA Colony/Navghar Road junction (this is the junction closest to the Toll Plaza) and drive down until you come to a junction withCampus Restaurant on the left. Turn right here and go straight.Take the flyover/bridgeto cross the railway tracks toMulund West. Continue to go straight untilyou arrive at Vishwa Mahal Restaurant on the right. Monginisis justaround the corner. Note :1. Do get your friends along to help them gain access to a group especially if they are not netizens.2. You do not have to be "out" to the world to attend. This is a discreet event being held as a clean, safe social get-together of a non-sexual nature. Hardly any of those attending are "out" as such. 3. You need to be at least 18 years of age to attend. 4. There may be many who will prefer being discreet or may be still be coming to terms with themselves hence a request that all be sensitive to this and act and dress accordingly.5. To identify the group look out for someone wearing a black cap See you all on Sunday. This event is organised by: http://www.gaybomba y.orgRight of admission reserved. Get your new Email address! Grab the Email name youve always wanted before someone else does!
g_b Events Bombay Dost Sunday High 26 July 2009: Discussion: Gay slang words
Do you speak gaylic? I mean do you speak gay code. What is that? Member of the Guild, Varsha Tai, Double Decker, Maushe, Husband, Fence Sitter, Kothi, Panthi, Pun and Khavdi... it extends across languages and sub-cultures. Indian 'gay talk' has its own identity and it is worth exploring what's the new code. Come with your list and elaborate. We will also vote for the funniest and zaniest ones! So be creative and be there! Time: 5 p.m. Address: Centre for Excellence (CEFE), Humsafar Trust, Riviera building, Flat no. 2, Grnd floor, 15th Rd, Near RBI Colony, Santacruz (W), Mumbai - 54. On Linking Road, take the lane next to Tommy Hilfiger and Standard Chartered Bank (opposite Benetton), then take the third right. View location at http://tinyurl.com/CefeMap Space courtesy: The Humsafar Trust. Note: Programme subject to change without notice. Please track: The Bombay Dost Wiki (http://bombay-dost.pbwiki.com/) OR The Facebook Page (http://www.facebook.com/Bombay-Dosthttp://www.new.facebook.com/pages/Bombay-Dost/5281736) OR follow Bombaydost on Twitter (http://twitter.com/bombaydostOR subscribe to our Google SMS Channel ( http://labs.google.co.in/smschannels/subscribe/BombayDost) -- My blog's at: http://queerindia.blogspot.com You can leave me a voice message from any phone at http://www.jaxtr.com/nitinkarani No call charges apply.
g_b GB Sunday Meet at Mulund on 26 July 2009
The GayBombay Sunday Meet at Mulund on 26 July 2009 Day Date: Sunday, 26 July 2009 Time: 5:30 PM - 6:00 PM. Meeting Venue: Outside Monginis, Next to Gangar Eye Nation, Opp. Mulund Station, Mulund (West), Mumbai 400 080 Cover: Free entry to the meet We shall gather outside Monginis before proceeding to someone's place not far off for another round of chatar patar catching up on each others lives or just bitch about nothing :-) We would be at the Monginis for approx 30 min from 5.30 pm Directions: For those coming by trains: the place is just diagonally opposite the southern (CST end) exit of Mulund Station on the west. For those coming by Highway: turn in towards Mulund at MHADA Colony/Navghar Road junction (this is the junction closest to the Toll Plaza) and drive down until you come to a junction with Campus Restaurant on the left. Turn right here and go straight. Take the flyover/bridge to cross the railway tracks to Mulund West. Continue to go straight until you arrive at Vishwa Mahal Restaurant on the right. Monginis is just around the corner. Note : 1. Do get your friends along to help them gain access to a group especially if they are not netizens. 2. You do not have to be out to the world to attend. This is a discreet event being held as a clean, safe social get-together of a non-sexual nature. Hardly any of those attending are out as such. 3. You need to be at least 18 years of age to attend. 4. There may be many who will prefer being discreet or may be still be coming to terms with themselves hence a request that all be sensitive to this and act and dress accordingly. 5. To identify the group look out for someone wearing a black cap See you all on Sunday. This event is organised by: http://www.gaybombay.org Right of admission reserved.image/jpeg
g_b Fwd: Matthew Shepard Act passes - contact your senators
-- Forwarded message -- From: Joe Solmonese, Human Rights Campaign h...@hrc.org Date: Tue, Jul 21, 2009 at 18:44 Subject: Matthew Shepard Act passes - contact your senators Dear Friend, *The Matthew Shepard Act passed the Senate* *Now it's time to follow up with your senators.* *Find out how they voted and call them TODAY!*http://www.hrcactioncenter.org/site/R?i=kD8US-4hvmBu-Y4HWWCRFw.. I have great news to share: *the Senate has passed the Matthew Shepard Act!* The bill will soon be on its way to President Obama's desk, where he'll get a chance to make good on his promise to sign it. This vote came on the heels of tremendous pressure from radical right-wing groups that used every trick in the book. They called the bill the Pedophile Protection Act among other outrageous lies. They dismissed the barbaric hate crime that took Matthew Shepard's life as a hoax. They flooded the Senate with hundreds of thousands of letters and calls. *But your calls, emails, and financial support for our work helped make sure the truth prevailed in the end.* Without you, this victory for equal rights would not have been possible. *Will you do one last important thing? Click here to find out how your Senators voted then CALL them to tell them what you think about their vote! * http://www.hrcactioncenter.org/site/R?i=YnKkOxwWVPVtITBEvOJ5Vw.. *Whether your Senator voted Yes or No, they need to hear from you.*Post-vote feedback puts lawmakers on notice that their constituents are engaged, and makes them more likely to pay attention when we need their help again. This hate crimes legislation is a tremendous step forward for full equality for LGBT Americans, but we most certainly *will* need their help again. Please take a minute from your busy day to make these two quick calls. Thank you for all your help! Warmly, Joe Solmonese President http://www.hrcactioncenter.org/site/R?i=KyKvD3od0VK2wqNiC4ZpHw.. ** http://www.hrcactioncenter.org/site/R?i=JhpTveTuYsbs5_l-KEScZQ.. © 2009 The Human Rights Campaign. All rights reserved. Human Rights Campaign | www.hrc.orghttp://www.hrcactioncenter.org/site/R?i=Htro1ZJEkTZLZ2cKwSPbnQ.. 1640 Rhode Island Ave., N.W., Washington, D.C. 20036-3278 Phone: 202/628-4160 TTY: 202/216-1572 Fax: 202/347-5323
