Expressions – Bhagwad Jal Park

Following up on last time’s post where we consolidated all the cases pending against the modification of section 377, the next date for hearing is set for 9th December 2009.

So here is the status as of now:

Note the addition of two more cases at the bottom to add to my tracking woes .

Some may remember that the Krantikari Manuwadi Morcha once supported Dara Singh who killed the Australian Missionary Graham Staines and his two sons. Now they’re aligning themselves to challenge the reading down of Section 377 with a Christian organization who’s trying to get justice for Graham! So basically killing 3 people is okay, but heaven forbid two people have sex in private!

The Raza Academy at the bottom of the pile apparently feels that India is subject to Muslim Sharia law by saying “The government should have held discussions with religious organizations before repealing the controversial Section- 377.”

So the number of people opposing the ruling has now reached a nice round figure – 10. I hope they cry themselves hoarse. Because any fool can see where this case is going – the loonies haven’t a prayer.

P.S: Apparently the court’s site gets updated many days after a hearing which is why I’m unable to immediately post the next hearing date. Maybe they have a weekly schedule or something- or perhaps they can’t handle the load. Bear with me on this…

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What’s your view on the matter?

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• SC hearing on Article 377 postponed from 14th September to 29th – September 14, 2009
• Section 377 – Mess in the SC. Hearing for 29th Oct. 2009 – October 1, 2009
• Why the Indian SC will uphold the Decriminalization of Gay Sex – Take the Poll – July 9, 2009
• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009

A very common argument raised by those protesting against the decriminalization of homosexuality runs something like this: “If you allow men to have sex with men on the principle that  what you do in the privacy of your home is no one’s business, what next? Sex with animals?” It surprises me that such logic isn’t automatically refuted by those who think for even five minutes. But to those who persist in this inane vein, here’s why it’s a foolish comparison.

Bestiality is different type of crime – namely cruelty to animals. Doing what you want in the privacy of your home doesn’t extend to the freedom of indulging in private abuse. So this particular crime has nothing to do with homosexuality which takes place in private between consenting adults.

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Homosexuality is natural!

The whole “against the order of nature” is a specious argument. Those who indulge in it, should stop brushing their teeth for starters. And here’s the kicker – homosexuality is natural. Animals happily engage in gay sex without our prejudices against such unions.

And that gurgling sound you hear is this particular argument of the anti-gay crowd getting flushed down the toilet.

And here’s the last point – if a particular animal (say a cow) has a large enough vagina to not be affected whatsoever by a gentleman’s activities directed towards it, I see no reason for it to be illegal. I mean sure it’s not something I would do, but hey it takes all sorts! What’s the harm? The cow doesn’t care. Victimless crime. And I don’t think that victimless crimes should be crimes at all.

How do you feel about Article 377? Take the poll:

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• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
• Why the Indian SC will uphold the Decriminalization of Gay Sex – Take the Poll – July 9, 2009
• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009
• SC once again refuses stay on gay sex – July 20, 2009
• Homosexuality finally Legal in India – The law comes of age – July 2, 2009

It’s impossible to describe the frustration of figuring out what’s going on with Article 377 these days. After the matter was posted for hearing in the Supreme Court on the 29th of Sept. 2009, I tried to find out what happened. Here’s the short answer:

Next hearing on 29th October 2009. Now for the long answer.

There are no less than eight petitions against the Delhi HC’s Landmark judgment on Article 377. The people who’re complaining range from Astrologers, Hindutva leaders, Churches, Guardians of “public morality” and even the Commission for the protection of children. Some case numbers are changed, tagged with others, and for quite a few cases, I have absolutely no clue when the next hearing is. Still, after digging around and cross consolidating, here is the status as of today.

The following people are fighting the reading down of Section 377:

B.P Singhal (BJP Hindutva guy)
Old Case No. PC 12779/2009
New Case No. DC 22267/2009
No further info

Bhim Singh (The guy from the Panthers Party)
Old Case No. PC 10942/2009
New Case No. DC 25346/2009
Tagged with SK Tijarawala’s Case. DC 20913/2009
Next Hearing on 29th October 2009

Suresh Kumar Kaushal (Astrologer Fellow)
Case No. DC 15436/2009
No Further info

S. K Tijarawala (Secretary to Ramdev)
Old Case No. PC 9928/2009
New Case No. DC 20913/2009
Tagged with Suresh Kumar Kaushal DC 15436/2009
Next Hearing on 29th October 2009

Apostolic Churches
Old Case No. PC 10062/2009
New Case No. DC 20914/2009
Tagged with S. K Tijarawala DC 20913/2009
Next Hearing on 29th October 2009

Krishna Bhat (Litigious Bangalorean)
Case No. PC 11651/2009
No Further Info

Pratinidhi Sabha (Some Hindutva Organization)
Case No. PC 14042/2009
No Further Info

Delhi Commission for Protection of Child Rights
Old Case No. PC 14045/2009
New Case No. DC 24334/2009
Tagged with Suresh Kumar Kaushal’s case DC 15436/2009

So it seems there are two major factions. One is the Tijarawala faction that has two other petitions tied to it. The other is the Suresh Kaushal faction that has the child rights petition tagged to it. The Tijarawala petition will be heard on the 29th of October – a long time away.

Let’s just hope that no one else jumps into the fray or I’ll go crazy.

Update (25th October 2009): Tijarwala’s case has been combined with Suresh Kumar Kaushal’s DC 15436/2009

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
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• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009

Apparently the Indian Supreme Court will hear the challenge to the reading down Article 377 tomorrow on the 30th of Sept. It seems to have clubbed several petitions together and hearing them at the same time. According to the Daily Cause list, it will be held in the court of the Chief Justice himself. The name of the main petitioner is a chappy called Bhim Singh who is the head of (wait for it) – The Jammu and Kashmir National Panthers Party (JKNPT)!

Good ol Bhim seems to be upset since he feels that “just two judges” cannot change “his law.” But wait! He’s not gay is he? Apparently not. So it’s not “his law”. Neither does he seem to give any value to “his” constitution which promises equality of all including homosexuals. He rattles off the bromides with considerable expertise. “Cultural invasion”, “Against Indian Culture”, “Not be tolerated” etc. ad nauseam.

I really hope the SC puts paid to this issue once and for all – but it feels good doesn’t it? I can almost feel myself drooling as the SC dismisses the challenge. I just wish I could be there to see the unfortunate Bhim’s face.

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• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
• SC hearing on Article 377 postponed from 14th September to 29th – September 14, 2009
• Section 377 – Mess in the SC. Hearing for 29th Oct. 2009 – October 1, 2009
• Article 377 case pushed to 9th December 2009 in Supreme Court – November 10, 2009
• Why the Indian SC will uphold the Decriminalization of Gay Sex – Take the Poll – July 9, 2009

Now that the Indian SC will hear the petitions challenging the Delhi HC’s verdict on gay sex on the 29th of September or thereabouts, the Cabinet has at last come out with its final view on the matter. This as we saw, was delayed since Chidambaram was off in the US, but the three important ministries along with the Prime Minister held a consultation and decided not to challenge the Delhi High Court’s verdict on Article 377.

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Cabinet not to Interfere with Article 377

This isn’t really surprising to us since the government had already opined that the ruling was constitutional, and this is just a formal solidification of that stand. It means that the UPA has decided not to listen to astrologers, self styled preservers of “Indian Culture”, and those who would impose religious law on a free country. It’s quite a bold stand in spite of the government not outright supporting the verdict, which would be very politically unwise.

This way they’re able to say “See! The Constitution of India is the law. It’s not upto us. The SC will handle it.” Perfect. Now the Indian Supreme Court also knows that the government wants Article 377 to be read down.

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• SC hearing on Article 377 postponed from 14th September to 29th – September 14, 2009
• Why the Indian SC will uphold the Decriminalization of Gay Sex – Take the Poll – July 9, 2009
• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009
• Homosexuality finally Legal in India – The law comes of age – July 2, 2009

I really wish the media would take the trouble to keep us posted of important court cases when they’re scheduled for a hearing. We were all waiting for the SC to arbitrate Article 377 on the 14th of September 2009 and when the date arrives, no report in the media to keep us informed of what happened. Luckily, my Google Calendar is set up to notify me a day before the date approaches, and so when I found there was no mention of it, I decided to dig the records for myself.

Read more…

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Section 377 – Mess in the SC. Hearing for 29th Oct. 2009 – October 1, 2009
• Article 377 case pushed to 9th December 2009 in Supreme Court – November 10, 2009
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• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009

It’s heartening to note, that while the Indian Govt. still has to lay it’s position before the Supreme Court, a preliminary panel of the three involved ministries (Home, Health, and Law) have said that the Delhi High Court’s judgment legalizing gay sex followed the Indian Constitution – specifically Articles 14, 15, and 21.

The law minister Moily also praised the court’s verdict calling it very well argued and well presented.

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Government's says gay sex ruling follows the Constitution

Hopefully this means that when the government gives its position to the Supreme Court for the hearing on the 14th of September 2009, it will support the decriminalization of Homosexuality. It took pains to point out that Article 377 was not abolished, but was “read down” to allow consensual gay sex between adults. This is so that the government can still have a law to deal with child molestation. Another reason no doubt, was to reassure the opponents of the verdict that it wasn’t doing away with the section completely – a good response overall.

Stay tuned on this blog for more on the progress of Article 377. How do you think the Supreme Court will rule on the issue? Take the poll!

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
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• SC once again refuses stay on gay sex – July 20, 2009

For the second time, the SC refused to stay the High Court’s historic verdict decriminalizing gay sex. This is as it should be. The bench which had the Chief Justice of India on it, said that since there was no danger of any penal consequences, there was no reason to put a stay on the order.

Image Credit: nickjohnson

The Supreme Court's verdict on gay sex in India

However, when pro-gay activists said that those who didn’t take part in the earlier debate in the High Court shouldn’t be allowed to participate in the Supreme Court hearing, the judges said that “they have a right to object.” This of course is true – anyone can object.

The government wanted more time to finalize it’s stand on the issue and the Supreme Court gave it 8 weeks to do so. The matter will be taken up again on the 14th of September.

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
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• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009

Over the years, an idea seems to have ingrained itself into the Indian mindset – that Democracy is all about doing what the majority of the people want. To exemplify this, just recently the BJP said that it was not apologetic about the demolition of the Babri Masjid since it “was the outburst of sentiments of the masses.” The implication being that nothing can be wrong if the “masses” desire it.

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The BJP and Mob mentality

But this goes contrary to the rule of law. If 99% of the population wants to kill me, it’s still illegal. Because that’s what democracy is about. We recently heard this argument from our dear politicians and religious leaders regarding the decriminalization of homosexuality. Their logic was like this: “So few people are homosexuals, that it doesn’t make sense to anger the majority of the country for their sake.” Note the absence of any reference to “right and wrong” or to the Constitution!

Another pal of ours Murli Manohar Joshi said that “one or two judges cannot decide everything” – he forgot that those judges interpret the Constitution of India. And that decides everything!

However, the BJP has managed to turn the rule of law into an insult – they call it “Minority appeasement.” They feel that giving rights to homosexuals and to other minority groups amounts to ignoring the “masses.” Well, just for the record, India is a Democracy where the rule of law prevails. It’s time to shed this thinking that the rights of minority groups can be ridden roughshod over merely because the “majority of the people want it.” Because India is not a mobocracy – those who disagree should read the Constitution – especially Article 14 pertaining to “Equality before the law”

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• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Section 377 – Mess in the SC. Hearing for 29th Oct. 2009 – October 1, 2009
• Why the Indian SC will uphold the Decriminalization of Gay Sex – Take the Poll – July 9, 2009
• SC once again refuses stay on gay sex – July 20, 2009
• Homosexuality finally Legal in India – The law comes of age – July 2, 2009

How do YOU think the Supreme Court will rule on Gay sex? Take the poll…

Outraged at the verdict from the Delhi HC decriminalizing gay sex, an astrologer has objected to the ruling in the Supreme Court saying that it will “ruin Indian values.” He is supported by various religious groups. Ah well, it had to happen. And I’m happy that it’s happened sooner rather than later.

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India's Supreme court will uphold the HC's verdict on the decriminalization of homosexuality

This isn’t the place to go into why this is such a ridiculous challenge. In fact, I’m happy that it’s ridiculous since it means that the SC will uphold the judgment faster. Here’s why I believe the challenge to gay sex will fail:

1. It’s obvious that criminalizing homosexuality is a violation of the constitution of India. It is the SC’s primary responsibility to uphold the constitution
2. The HC judgment reading down Article 377 is remarkably progressive and well thought out. The apex court cannot hold itself to any lesser standard
3. The SC has in the past always handed down sensible judgments. Whether it was about the Ninth Schedule or about privacy laws in India, it has consistently raised the bar for individual freedoms.
4. The whole world has hailed the HC’s judgment as proof that India is a secular, tolerant and liberal society. India has just gained a lot of credibility in the eyes of other nations. In my view, even the Government would not object to the reading down of Article 377 any more. Of course, the Govt. has other considerations as well – a bit dicey.

India’s highest Court refused to issue a temporary stay on the HC’s order until it had heard all views. I know that the matter is under consideration and I risk looking like a fool. But I enjoy being optimistic and I’m going to stick my neck out and say “Don’t worry!” – the hour has come when a section of the society cannot be repressed in the name of upholding “public morality.” The clock cannot now be turned back.

So what do you think? Will the Supreme Court uphold the Delhi High Court’s verdict? Have your say and take the poll!

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Similar Posts:

• Hearing on Article 377 set for Tomorrow – September 29, 2009
• Cabinet to Indian Supreme Court – “We’ll leave Article 377 to you” – September 17, 2009
• Section 377 – Mess in the SC. Hearing for 29th Oct. 2009 – October 1, 2009
• Govt. says High Court’s Judgement on gay sex is Constitutional – July 28, 2009
• Homosexuality finally Legal in India – The law comes of age – July 2, 2009