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?

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.

Image Credit: nickjohnson

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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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

What do you think? Take the poll!

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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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Image Credit: nickjohnson

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.

Apparently, the case has been postponed till the 29th of September with no explanation given. Must have been some legal hold up. I wish there was some way to find out. You can see in the screenshot below that the case has been scheduled till the end of the month. (Click on it to see it in detail).

Finding it wasn’t very easy though. There are a whole bunch of petitions relating to this issue with everyone challenging the judgment including the “Apostolic Churches Alliance” the the “Delhi Commission for the Protection of Child Rights.” See the screenshot below to see who all have taken an interest.

The one we’re interested in (I think) is the fourth one with Case No. DC 15436/2009. Suresh Kumar Kaushal or SK Kaushal was the astrologer who somehow thinks that the Defence of the Nation is threatened by homosexuality!

I’ll be covering this court case whenever it’s scheduled whether the newspapers report it or not. Stay updated on the feed for RSS updates. For those who want to see for themselves, visit http://courtnic.nic.in/courtnicsc.asp, click on “Title” on the left, enter “Naz Foundation” into the text box of the new form, and select “Respondent” from the drop down box along with the appropriate year. I had to hit the “Enter” key from the textbox for the form to submit in Firefox. I don’t know if it’ll work in IE.

I hope this case doesn’t keep getting postponed one date after the other – it’ll be a real drag if it does. The issue that is pending I think is the official statement from the government as to what their stand is. We have to wait for Chidambaram to join his voice to the Health and Law ministries now that he’s back from his five day visit to the US. Let’s hope that happens soon.

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

Image Credit: The Advocacy Project

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!

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.

Image Credit: Al Jazeera English

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”