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Re: Indians Call for 377 to Quit India!

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Dear friends

Why should scrap the Section 377 of CRPC?. The total number of same sex sexual

activity people are not More than 5 percent in the Indian population. For 5

percent people's demand how we sacrifice of 95% people's sentiments.

This demand is the meaningless and it encourages the HIV spreading.

At the cost majority people's view we cant do it for 5% people demand.

At present same sex sexual activity legally prohibited but there is no separate

mechanism to catch or prevent their sex activities. They continue their activity

with the same sex and no body is preventing them. But they are demanding for

legal rights.

According to Indian Constitution majority people need is come under public

interest. Gay, bi sexual, transgender etc are  part of their social life.

If we accept for scrapping section 377 of CRPC in future few people may ask for

validating sex with animals and children. Can we legalize on the basis of

freedom and fundamental right?

for 5% people demand spoils 95% people aspirations. It makes harmess in future.

If tomorrow some body  Demand for legalization of sex with animals and children

in the name of freedom, then what will we do?

In Indian federal polity we don't have uniform civil code we have different

personal laws. With out changing the present set up you cant demand for

scrapping section 377 of CRPC.

I demand Naz foundation they need to fight for UNIFORM CIVIL CODE

FIRST.

Sriram

Hyderabad

--

Sriram Kannekanti, Secretary & CEO

PROGRESSIVE CENTER FOR EQUALITY, SYMBIOSIS & SOLIDARITY (PROCESS)

A Civil Society Organization

H No 1-1-336/4, Vivek Nagar, Chikkada Pally, HYDERABAD – 500 020, AP, India

Mobile: +91 94401 36718,

E mail: processcso@...

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Dear Friends,

 

I am really amazed with all these justifications!

 

I don't identify myself as a gay person but could not resist to reply to this

email; I find myself as a transgender person and me and my other friends have

gone through various bitter experiences because of the bad effects of this law.

It is nothing but a weapon to harass innocent people believing in alternative

gender identity or sexual orientation.

Everybody has the right to fight for his/her existence. Any civilized country

cannot take action against of any descent or innocent person only because of

his/her sexual orientation. It is against humanity.

I have found a line in this e-mail  which goes like: ‘The total number of same

sex sexual activity people are not More than 5 percent in the Indian

populations.

Does it mean that always we have to give importance on quantity rather than

quality? Suppose I have found someone who is all alone and everybody is against

of him/her. Then should I have to ignore that single voice only because of being

minor?

Do we ever consider those people who are indirectly effected by this law not

because of any sexual activity but for their identity and existence?

People must agree with me that same sex practice is a behaviour only and one

cannot identify other as a gay person only by outlook until and unless he/she is

ready to disclose.

And still after watching any feminized male our preconceived notions force us to

identify that person is in same sex practice and immediately abusive languages

are showered accordingly.

And sometime it comes physically as well. Those who are members of LGBT India

and other related e-forums they do know that many cases were posted earlier when

people like us went to police station for justice and the kind of behaviours we

received in return.

And all these became possible only because of 377.

 

Till the date did any country prove that criminalizing same sex sexual activity

could reduce the rate of HIV infection? People who are still in the dark, I

would like to request them to come out from their vague ideas and to watch the

reality, within grassroot level and also among the innocent community people.

Please try to see the other side of the coin!

 

Kudos to NAZ for their great efforts! Keep it up and we are always beside you.

 

In solidarity,

Amitava Sarkar

Training and Advocacy Coordinator“ Transgender Issues

Solidarity and Action Against The HIV Infection in India (SAATHII), Calcutta

Office

229, Kalitala Main Road, Purbachal (North) 

Calcutta 700 078, West Bengal, India

91 33 2484 5002 (Landline)

91 99031 43305 (Mobile)

saathii@... / amitava_kolkata@...

Skype: amitavaactivist

www.saathii.org

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Dear FORUM,

Re: /message/9471

This message is in response to Mr. Sriram Kannekanti's posting on

" Indians Call for 377 to Quit India "

The issue is not properly understood in the context of HIV/AIDS. You seem to be

judgemental and may be reflects a lack of sensitisation rather than hatred for

the MSM groups.

 

MSM are 19 times more likely than the general population to be HIV-positive.

About 100,000 of the 2.5 million MSM in India are at high risk of HIV because of

multiple sexual relationships and commercial sex work, and about 15% of MSM in

the country are living with HIV/AIDS, according to NACO estimates.

Sex between men is highly stigmatised in India and is not openly talked about,

making it easy for people to underestimate how commonly it occurs. Studies have

shown that sexual activity between men is relatively common in both urban and

rural areas of India, although it is illegal.

In India, many men who have sex with men (MSM) do not consider themselves

homosexual, and a large number have female partners.

A large study in Andhra Pradesh found that 42% of MSM in the sample were

married, that 50% had had sexual relations with a woman within the past three

months and that just under half had not used a condom.

As such, unprotected sex between men can also present a risk to any women that

they may subsequently have sex with.

The stigma surrounding MSM, and the fact that their lifestyles are criminalised,

makes it hard for both the government and NGOs to reach them with information

about HIV. Outreach workers and peer educators working with MSM have frequently

been harassed by police, and in some cases arrested.

In a study published in AIDS education and prevention AIDS education and

prevention- Eighty-five percent of the MSM reported having experienced varying

levels of harassment from police, and 86% reported varying levels of harassment

from others.

These data point to several important barriers to HIV prevention among MSM in

South India..India's laws against homosexuality -- which make " homosexual sex " a

crime punishable by up to 10 years in prison -- are hindering prevention efforts

in the country.

The Advocacy and intitiative to decriminalise consensual sex among adults is

definitely laudable. If we are serious in preventing HIV/AIDS, we need to

increase access of vulnerable groups to HIV related services.

 

--

Dr RK Sood

e-mail: drrksood@...

+91 9418064077, +91 9445157327

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Dear FORUM,

Re: /message/9471

The ongoing discussions regarding Sec 377 on this FORUM have been interesting,

yet disappointing.

That it has deeply affected the senitiments of those who identify as gay,

transgender is apparent. Some thoughts that I would like to put before this

forum:

1. Majority need not always be right and/or acceptable. Lets take a

common, non-controversial example. There are a majority of right-

handers and a few left-haners in our society. I have been witness to

some left-handers being wonderfully ambidexterous. does this make

them " abnormal " ; does it make right-handers superior in any

way. food for thought!

2. The idea that legalising homosexuality poses a threat to the

remaining 95% heterosexual population is highly presumptous, in my

opinion. Can we then infer that the heterosexual community is

actually insecure?

A better policy to follow here would be " LIVE AND LET LIVE "

3. From the rights perspective, every human being has the right to

determine/decide his/her sexuality. Indian culture is so diverse and

we live with people belonging to different faiths, colour, view-

points, backgrounds. Is it so difficult to co-exist?

4. Homosexuality is not something that's emerging today; rather, it

has been in existence for eons. Why are we opposing a law that was

instituted by the British, way back in 1860? Don't we need to move

forward?

On this special day, lets make a commitment to peace and non-violence

in every form as our great leader Gandhiji did.

mayu_r1970

e-mail: <mayu_r@...>

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Dear FORUM,

Re: /message/9471

Just a few points that I would like to highlight in response to the mail below:

 

The total number of same sex sexual activity people are not More than 5 percent

in the Indian population. For 5 percent people's demand how we sacrifice of 95%

people's sentiments.

It is more than about sentiments and percentage of people. It is about the

violation of people's rights even if they are a small number. However, in a

population of 1 billion, I am not very sure that 5% is a very small number.

The petition does not ask to scrap the Section, it asks to read it down which

means that people who are consensually engaging in same sex activities and are

adults should not be harassed as is mostly the present scenario.

 

The statement, this demand encourages the HIV spreading is the meaningless.

In fact, this is not true as has been highlighted in several places and this

forum repeatedly.

If HIV+ people live in fear of stigma and discrimination, they will not be able

to seek help medical or otherwise and this will make them and their partner/s

more vulnerable to HIV and other infections.

At the cost majority people's view we can't do it for 5% people demand.

Again, this thought is very insensitive especially if we look at nature of

discrimination and violence being meted out to people in the so-called minority

groups constantly. Going by the argument presented here, if that were true then,

we should not be fighting for the rights of minority religious or caste groups

either. Would't you say that that is inhuman?

Therefore, just belonging to a minority group does not make people's rights any

lesser than that of the majority.

Further, that the human beings who are a part of this ˜minority group are also

human and no less than that. Therefore, as a basic human right, they should also

be treated with dignity and respect for the choices they make.

" But there is no separate mechanism to catch or prevent their sex activities.

They continue their activity with the same sex and no body is preventing them.

But they are demanding for legal rights "

I am not sure what is there to catch. If the concern is the prevention of

infections, then it is more likely that that will happen if people are

comfortable about their sexualities. Rather than if, they are fearful of

discrimination, harassment and/ or violence based on that premise.

About the statement " If we accept for scrapping section 377 of CRPC in future

few people may ask for validating sex with animals and children. Can we legalize

on the basis of freedom and fundamental right? "

Again, as I have mentioned before the appeal is to read down and exclude the

harassment of those who are adult and consenting.

This does not include not punishing those who force others, pressure, or coerce

them into sex.

Therefore, I am sure we can say that these consenting adults have a right to

express and engage in sexual activities, which is their private business, and

not for us to morally police them.

 

Thanks,

ine

e-mail: <pauline@...>

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