No more punishment to Homosexuals:Delhi High Court - Instablogs
No more punishment to Homosexuals:Delhi High Court
Shafee Ahmed.Ko , Chennai: Jul 3 2009
Made Popular Jul 4 2009

No more punishment to Homosexuals:Delhi High Court

The days are advancing in such a pace that one is bewildered with its queer and enigmatic news arriving from different ends. Human beings go astray in such a fashion that they long for homosexual marriages, and leaders like President Barack Obama “issued a proclamation acknowledging Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month, something the previous president once refused to do.

President Obama also is understood have promised an open appointment of LGBT candidate to Senate within 100 days of Administration and to decriminalize homosexuality around the world. President Obama is optimism that the LGBTs are aware of epidemic current is noteworthy.

History
June 28, 1969 (a Saturday) is an unforgettable day for the LGBTs. In a small bar known as Stonewall Inn, in New York City a riot broke out. The police heavily raided the Inn’s Bar and a big crowd, which gathered outside the Inn, cheered the every patron who came out of the Inn, supposedly a “butch lesbian”. The day marks as LGBT day.

Chennai celebration

Commemorating this event, last June 29 2009 Chennai bore a festive look at Marina beach, the longest second beach of the world. Several hundred transgender, known in Tamil Language as “Aravanigal”, Lesbians, and Bisexuals gathered danced, kissed others and sang with a beatified look in a glamorous dress. The gathering was nothing but to thank Kanimozhi, daughter Chief Minister Karunanidhi who stands behind them to protect against the Indian Penal Code Section 377.

The eyes of law were liberal in legalizing gay sex. The hot matter has been brewing in both Tamil Nadu and Central Government. Favour and disfavour peaked the issue and in the meanwhile a Non Governmental Organization (NGO) Naz Foundation of Delhi preferred a Public Interest Litigation in the Delhi High Court .Today (July 2,2009) the Delhi’s High court ruling that the gay sex is legalized is a celebration for the “Lesbians, Gay and Homosexuals”. The courts ruling is on the based on Human Rights and Indian Constitutional Guarantee on Articles 21(Right to Protection of Life and Personal Liberty)14(Right to Equality Before Law) and 15(Prohibition of Discrimination on Grounds of Religion,Race,Caste, or Place of Birth). The court also observed that Indian Penal Code 377 which has been in the statute book past 149 years, will be fall on as violators such as “Non-consensual penile non-vaginal sex penile and vaginal sex involving minors:

This article analyses the background of Homosexuals as well the Indian Penal Code section 377

What is IPC section 377?

Unnatural offenses: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term, which may extend to ten years, and shall be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
The ambit of Section 377, which was devised to criminalize and prevent homosexual associations - sodomy in particular, extends to any sexual union involving penile insertion. Thus even consensual heterosexual acts - but coitus - such as fellatio and fingering may be declared a punishable offense under this law.

What Islam says about Homosexuality?

‘We also (sent) Lut: he said to his people: “Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds”.’ - Quran 7:80-81.

What the Bible says abot Homosexuality?

Passages such as Leviticus 18:22-30, Romans 1:26-27, 1 Corinthian 6:9, and Jude 7 serve as ample proof from Scripture. Below is ample proof from Tradition. The Fathers are especially harsh against the practice of pederasty, the homosexual corruption of boys by men.
(www.armyofgod.com/LeviticusExtraBibs.html)

What is the transgender plea with respect to their human rights?

“Transgender people also claim these rights as our own. We have the right to be included in discussions of human rights and to have the special issues of gender identity addressed as human rights concerns. We must be included in conversations and actions that seek to further the cause of human rights in addition, strengthen the protections offered to all people. We claim that we, too, have a place at the table. This also means that we as a community must do all that we can to include others, to be sure that the human rights of all? People are protected and valued. By claiming human rights for all people. We create a safer, freer and better world for all of us.”

What is the plethora of morbidity of transgender?

Majority of them illiterates. Their life invariably depends on their feminine instinct of homosexuality, being the known factor emanating HIV/AIDS . They cater a cheap and unnatural outlet especially to the truck drivers across the land just as in the Nepal border. It is not only appalling but poses a threat to the society in particular with not only venereal diseases but also single sole life threatening HIV/AIDS.

Their begging is compulsory and little a noval in type. They flourish on myths of marriages at its celebrations, and on the news of pregnancy. They are seen with colourful dresses,full-blown make up and with thundrous claps in unison in long running trains,festive seasons and village fairs.

They undergo untold miseries under their pimp and they have “kothis” like brothels similar to one what the female prostitutes own. They are also said to be under the bonded agreements with their chiefs and subjugated for severe punishments for non-earnings. They remain despicable most time and some are violent.

The great argument that confronts the obscurantist is while the female prostitution is in craze, why the objection for homosexuality.

Do some transgender hold high posts?
The transgender have different nomenclatures, as described below:
“The All-India Eunuchs’ Welfare Association was formed in 1993-94, as well as HIV/AIDS awareness groups to combat health problems within their communities. One such group is the Dai Welfare Society, a mutual aid society formed in 1999 in Mumbai by and for hijras. The group estimates that half of the hijras living in Mumbai have HIV. Another group is the Hijra Kalyan Sabha.”

“Hijras have been elected to high political positions; Shabnam Mausi became India’s first hijra MLA in 1999 (as an independent), only five years after hijras were allowed to vote., Kamla Jaan, was elected as mayor of Katni, while another, Meenabai, became the president of the Sehora town municipality, the oldest civic body in the state of Madhya Pradesh.] In 2005, 24-year-old hijra Sonia Ajmeri ran for state assembly on an independent ticket to represent the estimated 40,000 eunuchs in Gujarat. The wave of hijras entering politics has not been without controversy. In November 2000, Asha Devi was elected mayor of Gorakhpur, a post reserved for a woman. The city had a population of approximately 500,000 as of 1991. She was unseated when a court decreed that she was a man but was later reinstated (Wiki).

The most important question that arises is that the RIGHTS of majority’s wish to live hale and healthy should not be jeopardized with the rights LGBTs

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2 Stars
Ketul
Jamshedpur, India
Shafee
This judgment is a landmark decision in the history of Indian judiciary. It reflects the seriousness of judiciary towards the equality.
1 Stars
Milind
Thiruvananthapuram, India
All the modern democracies are recognizing the homosexuality so how can India ignore the issue?
1 Stars
Hiten
Ranchi, India
Shafee
Religious fundamentalists are opposing this decision and BJP has joined them. MM Joshi said that court is not above the legislation and parliament can overturn this judgment. It shows the basic thought of BJP.
1 Stars
Dear All

I wish not take to argue this subject on Religious basis but on common sense. Let me see how many accept and how many reject.
1.Transgender(Eunuch)is a congenital defect lacking male hormone.
2. They come under the group congenital defective births such as visually impaired,mentally impaired,congenital heart defects.
3. They are to have human sympathy same as what other congenital defective groups.
4.Since they don’t have male hormone by birth they are more inclined towards famenine characterism including sex. Their instinctive sex urge is same as females. They want to get appeased with an unnatural route which is not only nasty but also poses threat to society such as HIV/AIDS. THE US survey from 2005 shows that 75% of transgenders have
HIV/AIDS.
3. As far as their gender ambiguity,this can be the choice of the transgender.
4. Decriminalization of homosexuality will lead to societal suicide of horrible disease like HIV/AIDS.
5.Nature has provided only two genders.
Third gender as transgender is unfortunate.Natural Conjugal rights are
only between male and female through out the world. Homosexuality is not a conjugal rights but a trespass and is a human nonsense(my personal opinion.
6.Animals whose brains are not developed
are little know to enjoy homosexuality.
If homosexuality is decriminilsed on human rights,why not pedophile,pornographers not have similar arguments?
1 Stars
Nuya Bidness
Birmingham, United States
It is a matter of adults and consent so pedophilia would fall under that category.

Think about all those statues, temples and books ...early pornography... so pornography has always been legal in India. What did all those depictions of orgies, homosexuality and bestiality have to do with family? Nothing! There were still plenty of families and there will always be more than enough families to keep the species from going extinct.
1 Stars
Nuya,

Please don’t go with the amorous statue what you see in temples. They are artistic exponents and proponents of exaggerated expositions of Hindu religion. Nude artistic works could be invariably seen. It does not mean that a woman who goes to temple should expose her curves similar to the carvings. Ravan had ten heads. Has any Hindu seen in his/her life time a person with ten heads.

Even a pain balm advertisement in TV takes it as a humour,as to which head the ten headed fellow use the balm when head ache felt!

There is some perversion exposed artistically in those arts and sculptures. We cannot take them to be true. Ask any modest woman of Hindu to be like her Goddesses
heaved bosoms. Though she happened to have such sight,she digests. More myths are exposed rather an altruistic teaching in Hinduism. My Hindu brethren ought not feel that I advocate only myths exists Hinduism. The matter is the individual choice how it has to be viewed.

The ancient Greek mythology is full of such things. Every country has such artistically elevated sex.

However the stories are very interesting. Some mythology uses sensual art copiously. Forsaken Marmaid is beautiful story.

Let sex be there but let it be natural and clean. No disease to be spread.
1 Stars
Nuya,
Pornography is a crime in India.

A renowned orthopaedic surgeon well flourishing in his profession in Chennai,has become a notorious porno video grapher and behind bars past several years. He could perhaps argue on human rights.
1 Stars
Saurabh Baweja
gwalior, India
Dear Shafee,

Kudos to you for such an effort. This article really present every possible aspect related to LGBT issue.
1 Stars
Biswajith
Tvm, India
I think we need to understand the basic terms that we often misunderstand .

1. Transgender: Describing a person of one sex who considers himself or herself to really belong to the opposite sex, or who wishes to be surgically converted to the opposite sex, or has been so converted. [ wiktionary ]

• a term describing persons whose gender identities, expressions, or behaviors are not those traditionally associated with their birth gender

That means it deals with gender identity, a transgender can be a women, who loves to be dressed, who likes to be known, who likes to behave as a man. Or a man who loves to be dressed, who prefers to be known as a women. The point is there won’t be any abnormality in their body but the said individuals prefers to be the opposite gender. There are innumerable factors that culminate in to this kind of state of mind but that’s actually a different and as of now we are not on to it.
But the point is, do we have to see this as an abnormality that should be feared, that should be kept away from the society? Before judging this question lets see another term.
2. Transvestites: - someone who adopts the dress or manner or sexual role of the opposite sex. Transvestites are included in the spectrum of Transgender. These people have no abnormalities physically. This also pertains to gender identity.

3. Eunuchs: A man or boy whose testes is nonfunctioning or has been removed.

Normally people misunderstand this term, or even broadly categorize all the persons who are different from what we perceive as male or female as eunuchs.
Now we should also look in to the fact that their are sections of people who have congenital and hormonal problems with different levels of deviations from normalcy in their physical appeal. Their gender identity fluctuates between male and female, and the behaviors they exhibit also will be a fluctuating between male and female identity.

Coming towards the million dollar question, of how we have to view this. - We have got a whole gamut of issues ,
Culture? Morality? God ? Abnormality? Unnatural ?

Let me introduce a new term – “choice “
It’s all about a personal choice an individual is making about his or her sexual preferences.
And as long as it is not contrary to the consent of another individual. I would say it is perfectly normal. There is a greater chance of equating this with pedophilia, pornography ,prostitution, child trafficking etc, I would say that as a biased generalization. I am not negating the sentiments of those minds which are religiously oriented ,but the point is that we need to understand the need of space ,regarding free choices as a civilization.

It’s not through water tight compartments of definitions regarding what’s right and what’s wrong that had contributed to the movement of a culture, but through expressions of understanding that sees and touches the pluralities that surrounds you.

I consider gay persons as equals; for I don’t mind what’s their sexual preferences are ,i don’t mind of what caste they are in ,I don’t mind what language they speak in ,I don’t care whether they are religious are not ,the only thing I understand and consider is that they are my fellow beings who is different from me, who is sensitive like me moreover who is a citizen like me.
1 Stars
Saurabh,

Thank you very much. I am encouraged indeed.
1 Stars
Biswajith,


I have taken your own descriptions.They follow as under:

I consider gay persons as equals; for I don’t mind what’s their sexual preferences are ,i don’t mind of what caste they are in ,I don’t mind what language they speak in ,I don’t care whether they are religious are not ,the only thing I understand and consider is that they are my fellow beings who is different from me, who is sensitive like me moreover who is a citizen like me.”
Whatever it may lie, let there be clean sex without any diseases as nature has ordained.As for I have discussed with others,including eminent

doctors,educationists,lawers,writers,they all feel homosexuality is not a natural,but a punihsable crime
1 Stars
Biswajith
Tvm, India
Hello sir,

I understand the genuine concerns of you regarding safe practices that majority of people neglect and is unaware of, and I am also aware that this unsafe practices can jeopardize the equilibrium of a society [health wise and there by economically and socially] but I think we should not be in a haste to mix up things in arriving at a policy. This is a major concern that needs thoughtful planning and action. Although I am glad that you are opposing this solely on the basis of health concerns and not on the basis of culture and religion.

There can be a possibility that a heterosexual can be unsafe. There can be a possibility that a homosexual can be unsafe. The factor that decides the safety is not in being hetero or homo, it’s in the awareness. It’s that factor that’s less in our society and it’s that factor that we have to attain jointly as a society.

I think the issue of being what’s natural and what’s unnatural is worth considering.

Suppose a person is born without eyes [congenital problem] do we have to address that as unnatural?

In a way it’s an aberration of nature but its natural, in a way he is away from normalcy but still, it is natural. Life has its fluctuations.
Why is that life makes some animals fertile and some infertile, it is
Still in the ambit of life that decide the way for it to propagate itself.
And that is natural although in a different way. It’s in the billion combination’s of genes [and the culture we are in] that decides our behavior patterns that makes us to think, act, and behave differently.

And this plurality is natural, every shades of it.. is natural.
Again, life has its fluctuation and it is for this that I love it.

[Smile]
1 Stars
Biswajith,

Please address me as Shafee. Why, Sir..?

Yea, you are understanding my concept.

Thanks.
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