RE: [IAC#RG] IAC's position on homosexualtity

14/10/14

Dear Sir,

I agree with you and feel that we move away from this discussion.

This issue was discussed earlier after the SC judgement  and the opinion was as sharply divided as is now. We should wait for further developments from the Govt./judiciary.

I may however add that Human rights is still a developing concept. Human rights are already guaranted by the constitution  as fundamental rights. The other source of human rights is through the UN covenants. Based on the same Human rights act has been passed by the parliament and a number of Commissions have been established for protection of those rights. But these Commissions have not been  power of prosecution and award punishment. That is still with the judiciary.

Till these covenants are incorporated in the domestic laws,the courts can only take note of them and ask the Govt. to suitably amend the laws. To my mind it is for this reason the court asked for suitable amendment in Sec.377 

As per clause 253 of the Constitution and entry at S.No.14 and 14 of Seventh Schedule , the Govt. has been given the power to enter into All types  of treaties  and ratify them.But they do not incorporate them in domestic laws as we saw in case of prevention of corru ption treaty a few years back. Personal freedom and choice in matters of sex and pornography has to have legal backing and the Govt. has to taken into account condtions prevailing in the Society.

Regds

JKGaur

Date: Tue, 14 Oct 2014 01:17:27 +0530
From: mdnalapat@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] IAC's position on homosexualtity

Let's not enter bedrooms of consenting adults. Far too many consequential matters to discuss. Regards Madhav
 
  Original Message  
From: Sarbajit Roy
Sent: Tuesday, 14 October 2014 00:29
To: indiaresists@lists.riseup.net
Reply To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] IAC's position on homosexualtity
 
Dear Pavan
 
An important point was left out from Mr Joshi's email which I hasten to fill.
 
The litigating PRIVATE parties before the Delhi HC and the SC in the
377 cases, are almost all DUMMY / PROXY parties for vested interests
which are putting up bogus "straw man" arguments designed for the
Court to strike down / aside.
 
In fact the next round is all set to have a new generation of
intervenors all waiting to act as though they represent the public to
put forward new fake arguments. NGO fronts for the RSS, VHP and
Catholic Church in particular are all lining up to accept the golden
showers by the US porn industry to anyone who wants a piece of it
(said with a straight face).
 
Sarbajit
 
On 10/14/14, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> Dear Pavan
>
> IAC, and this mailing list, is starting to achieve a national position
> where balanced and highly intellectual discussions are taking place,
> and quite openly between different groups. This is truly one of the
> few places where it happens.
>
> Unfortunately last year the discussions on this list, for various
> reasons connected with anger against Congress, tended to be a battle
> between AAP and BJP boosters (somewhat in proportion to their national
> strength), while IAC's membership looked on bemused. Thankfully all
> that is now behind us, with almost a 1,000 new subscribers from the
> major political parties being inducted as observers (with full posting
> rights should they wish to avail it under IAC's list regulations).
>
> IAC was founded in early 20th cent. I tried to drag it into the early
> 21st. Other members disagreed and so the pendulum swung back to 1860
> (late 19th cent.) Indian Penal Code's
> Victorian mores and moralities.
>
> The core of the section 377debate can emerge by comparing it to what
> is loosely termed "stealing the affections of a brother officer's
> wife", ie "conduct unbecoming of an officer".
>
> Q: If I flip this to when "an officer steals the affections of a
> brother officer FROM the wife", would you still support
> decriminalisation of gays in the armed forces ?
>
> I also don't think that gays are 5% of the population. Even in the
> USA, the most wildly optimistic figures are 4%. The official India
> Govt figure is around 30 lakh gays (incl. L's B's and T's) in India
> CONCOCTED by the Govt body (NACO) most interested in exaggerating this
> number. But since there are so many "gays" in the media and arts, they
> exercise a hugely disproportionate effect far exceeding their numbers.
> They are also taking over the information resources, like WIKIPEDIA,
> to concoct and fabricate information on a wide variety of topics
> seemingly unconnected to homosexuality. They now also have 2 major TV
> channels in India which are COLORing small town India with non-stop
> prime time transvestitism which is being made socially acceptable for
> the porn invasion which is slated to come via "4G"
>
> PS: I still say that IAC will move into the 21st century with
> extremely modern and LIBERAL views and with considerable consensus on
> thorny issues such as these :-) so long as cool citizens like you are
> around, and nobody is shy to have their say.
>
> Sarbajit
>
> On 10/13/14, pavan nair <pavannair1@gmail.com> wrote:
>> Dear Mr Joshi,
>> Thank you for the clarification. I entirely agree that we have to leave
>> it to the legislature to amend the relevant section, if at all considered
>> necessary and that the said section is constitutional being a part of the
>> IPC. However we (IAC) need to clarify our stand on this. For instance, we
>> may disapprove of same sex marriages and yet decriminalise the act
>> between
>> humans even if it is against the order of nature (all gay sex is against
>> the order of nature of heterosexual people). Bestiality could be covered
>> under cruelty to animals. About 5% of the population is homosexual which
>> amounts to 50 million or more people. The section makes them criminals in
>> the eyes of the law and therefore in my view needs amendment. Regards.
>> Pavan Nair
>> PS Sarbajit, I think we need more views/discussion on this issue.
>>
>

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