Section 377 : Next Steps : Mumbai Consultation

[Guest guest]

" Taking the Delhi High Court Decision Forward-Next Steps”

A policy document to influence the decision makers of the nation

A one day community consultation in Mumbai

 31st October 2009

 

Background:  An eight year long court battle that sought justice for the gay community and its basic human right to exist in India came to a logical conclusion with the Delhi High Court’s decision, in the Public Interest Litigation filed by Naz India Foundation, Delhi to read down Section 377 of the Indian Penal Code so that it no longer applies to consenting adults.

 

Section 377 of the Indian Penal Code was imposed by the British in 1860 on the historically tolerant attitudes that existed in India. The law had continued to exist in India long after the British changed their laws in the UK. It criminalized homosexuals and has repeatedly used to harass, blackmail extort money, discriminate because they loved someone who is of their own sex and paid the price of being different from others and considered deviants.

 

The landmark judgment delivered by Delhi High court is the first step that legalizes existence of the gay community in India and is very specific in recognizing gay community as equals in accordance with the constitution of India and opens doors for the community to access recourse from law in events of discriminatory behavior.

 

The decision will now bring to fore issues that have affected but so far not been addressed in the system. Instances of gay men, women and transgender who lose their jobs, thrown away from their homes, deprived rights to property, access to health care services, access to education, violence, forced heterosexual marriages, denied same sex marriages, adoption rights on grounds of their sexuality will need to be addressed. The decision of the high court does not accord the community any additional privileges and the decision should not be seen as the end of the journey but more as the first step, a beginning for the community.

 

Its time to advocate for issues that affect the lives of the community. Its time to start a dialogue with the mainstream society and policy makers. Its time to hold your heads high and say that we are equals and will not settle for anything less nor demand anything more than being equals in a democratic society and be part of the process and contribute constructively towards development of this great nation called India.

The Integrated Network for Sexual Minorities (INFOSEM ) plans a to hold a one day Consultation in Mumbai on the steps forward following  the Delhi High Court decision on 2nd July 2009

 

The INFOSEM, a national network of CBOs, NGOs and supporting indiviudals working with Lesbian, Gay, MSM and Hijras in various parts of India, works on the rights and health of sexual minorities. As INFOSEM works closely with implementation of NACP – III objectives and the decision of the Delhi High Court will have a direct impact on the up scaling and achieving targets of MSM and TG targeted interventions it is imperative that a community consultation be held to develop an action plan to advocate with decision makers of the nation.

 

Overall Objective of the consultation

To create a friendly environment that would open a dialogue and affect change in the law in accordance with the decision of the Delhi High Court.

 

Strategies of the consultation

To bring together the views of a large and diverse group of LGBT community who are part of or working with the community to create a policy document that will include a charter of human rights of the LGBT community

To disseminate the policy document to various ministries at central and state level through formation of a core committee of LGBT individuals.

To disseminate the policy document to various stakeholders like the police department, health care providers, political parties and any individual or group that directly or indirectly influence the lives of LGBT community.

 

Consultation Details

1)    A one day Consultation is planned with around 80 participants from the community and some key influencers

2)    The community participation will be through a process of inviting individuals, activists, lawyers, academicians, film makers, journalists and grass root level community workers  

3)    The proposed date  of the consultation will be 31st October 2009

4)    Process of participation

·         Community people will be selected on the basis of their involvement of individual’s contribution and commitment in community efforts.

·         Community people will also be reached through an announcement on e-groups. They will have to send in an essay titled “what next” and selected participants will be invited for the consultation

·         A list of activists, lawyers, academicians, film makers, journalists and grass root level community workers will be readied and shared

 

Plan for Consultation Proceedings

Introduction to Delhi high court ruling, subsequent petitions being filed in supreme court, discussion on objectives of meet  and mechanisms to ensure the Delhi decision can is adopted through democratic processes 

Small group discussions leading to preparation of a policy document that will include a charter of human rights for the LGBT community.

 

Way Forward after the Consultation

Final document to be prepared through community participation

The document after all reviews will be finalised and prepared by the community consultants working on the project.

 

Dissemination:  

The document will be disseminated in all states, cities and towns through various community based organisations in the country.

The document will be disseminated to various ministries at the centre through the core community group that has been elected / selected at the consultation.

The document will be disseminated at state level ministries, police departments, health care providers and other stakeholders by community groups in the region.

The dissemination will be done through personal meetings with all stake holders mentioned in this proposed consultation.

 

NOTE : WE REQUEST ALL DESIRING COMMUNITY MEMBERS WHO WISH TO BE PART OF THIS CONSULTATION THAT WILL BE HELD IN MUMBAI TO SEND US A ONE PAGE WRITE UP ON “NEXT STEPS” to hst.pmu@... 

 

CHOSEN CANDIDATES WILL BE INVITED TO THE CONSULTATION. WE WILL TAKE CARE OF TRAVEL AND ACCOMODATION AND OTHER EXPENSES OF ALL INVITED CANDIDATES 

 

THIS INITIATIVE IS SUPPORTED BY UNDP AND RFSU-SIDA