Delhi HC verdict on panel provision of gay sex likely Toda
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New Delhi: The Delhi High Court is likely to pronounce its verdict tomorrow on the controversial penal provision on homosexuality even as the government is grappling with the option to scrap it from the statute.
A bench of Chief Justice A P Shah and Justice S Muralidhar had reserved its order on November 7 last year after marathon proceedings in which the government had vociferously opposed scrapping of section 377 of the Indian Penal Code which prescribes punishment upto life imprisonment for indulging in unnatural sexual acts.
Before the judgement was reserved, the Ministries concerned with the issue in the previous UPA government had unanimously described homosexuality as “the most indecent behaviour” in society.
The Centre had submitted that gay sex is immoral and reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.
“Every citizen has the right to lead a decent and moral life in society and the right would be violated if such behaviour (gay sex) is legalised in the country,” the government had contended adding allowing gay sex would pose a health hazard to society.
The Centre had said that homosexuals comprise only 0.3 per cent of the population and the right of rest 99.7 per cent of the population to lead a decent and moral life in society would be violated if such behaviour (gay sex) is legalised. See Delhi HC verdict on panel provision of gay sex likely tomorrow
SamayLive
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Ugandan gays protest for rights
(Kampala) A small group of LGBT rights supporters braved government censure and public condemnation to denounce Uganda’s harsh laws against homosexuality in a first-ever demonstration.
Sex between two people of the same sex already is a criminal offense in Uganda - punishable by life imprisonment - although there are no records …
Tags: Censure, Criminal Offense, Demonstration, Gays, Harsh Laws, Homosexuality, Lgbt Rights, Life Imprisonment, Protest, Public Condemnation, Rights Supporters, Small GroupLife sentence in UK gay slaying
(London) A 20-year old Liverpool man has been sentenced to life imprisonment for the death of an 18-year old gay man who was brutally beaten and dumped on a street to die.
James O’Connor was 19 when he beat and kicked Michael Causer to death after a drunken party. He was …
Tags: Causer, Drunken Party, Gay London, Gay Slaying, Life Imprisonment, Life Sentence, Liverpool, O Connor, Old Gay Man, Uk LondonA Gay-Pride Revolution in Hong Kong
There were no drag queens in sexy ensembles with heavy makeup strutting down the streets in platform heels or buff shirtless sailor boys splayed like starfish on moving floats. But Hong Kong’s first official gay-pride parade Saturday was still a colorful gathering; in fact, for a country that rarely acknowledges homosexuality, let alone celebrates it, it was downright revolutionary.
For a few hours, a city that usually seems immune to surprises watched in awe as approximately 1,000 paradegoers stopped traffic, filled the streets and spread their message to “celebrate love.” A rainbow-colored dragon bobbed over the heads of carefully coiffed men donning dainty dresses and dancing to “Celebrate Pride,” which warbled through a loudspeaker in the center of the city. Men with fiery red-feathered tiaras chanted, “Pride parade! Pride parade! Pride parade!” in Cantonese and English while marching through Hong Kong’s congested Hennessy Road waving multicolored pride flags. (See TIME’s top 10 pictures of 2008.)
Although Hong Kong has held several small demonstrations against homophobia, this was the first parade solely dedicated to celebrating queer identity. “We came out today to show the world that people in the queer community are normal people too,” said Ariel Wong, a 21-year-old student at the Hong Kong Polytechnic University who wore a rainbow Afro wig and distributed stickers with pink hearts on them. The parade was co-organized by Rainbow of Hong Kong, Midnight Blue, Social Movement Resource Centre and the Women Coalition, with support from groups working on myriad issues, including civil rights, HIV/AIDS education and transgender awareness. It represented progress for China’s gay community, marking the first large-scale event of its kind in any major Chinese city (only Taipei has hosted similar events). Antonio Licon, a Web designer for Hong Kong Magazine who grew up in Hawaii, said, “I think socially there are a lot of pressures in Hong Kong to conform to expectations and not disappoint parents.”
People emerged from shops and restaurants to witness the historic event. While some spectators cheered in support, most looked confused and bewildered. “I never thought I would see this in Hong Kong,” said Kevin Li, a salesman who nevertheless believes the younger generation is less homophobic than the older one. “Our society has different values than the West regarding sex because we are more traditional and more Chinese.”
Yet it was Victorian colonial laws, not conservative Chinese attitudes, which first criminalized homosexuality. In 1901 British colonial laws threatened homosexuals with life imprisonment for anal intercourse and up to two years imprisonment for any so-called indecent acts involving two men, even if the acts occurred in the privacy of their home. In 1980, after an inspector of the Royal Hong Kong Police Force committed suicide as a group of officers were about to arrest him on suspicion of having engaged in homosexual activities, a debate sparked on legalizing homosexuality. Finally in 1991, after more than a decade of discussion, it was decriminalized.
But even if homosexuality is no longer a crime in Hong Kong, a stigma remains, as do discriminatory statutes with double standards. In 2005, Hong Kong–based civil rights attorney Michael Vidler successfully challenged a law that set the legal age of consent 21 for homosexuals (the age of consent for heterosexuals was 16), with a punishment of up to life in prison for violators. The law was ruled unconstitutional, but it has not been formally repealed.
“There are still archaic ideas of homosexuality as a form of gross indecency,” said Vidler, who said he has seen cases of discrimination against homosexuals in the work force and housing market. “Hong Kong says it’s a world city, but [it] has protocols in place that show it is still a backward country in regard to homosexuals’ rights.” Hong Kong lacks any non-discriminatory ordinance, and many locals still regard homosexuality with unease. Eric Herrera, a member of a white-collar gay-rights group called Fruits in Suits, which helped organize the parade, said, “I have no problem walking down the streets arm in arm with my partner of 21 years, but it makes many people very uncomfortable.”
See A Gay-Pride Revolution in Hong Kong
TIME
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US refuses UN gay rights Declaration MWC News
“The US government is one of the only western democratic nations that has declined to support a United Nations Declaration calling for the global decriminalisation of homosexuality. The Declaration will be put before the UN General Assembly this Wednesday, 10 December, which is Human Rights Day and the sixtieth anniversary of the Universal Declaration of Human Rights,” reports British gay human rights campaigner Peter Tatchell of the London-based LGBT rights group, OutRage!
“It will be the first time in its history that the UN General Assembly has ever considered the issue of lesbian, gay, bisexual or transgender (LGBT) human rights,” he said.
“Although not be binding on the member states, the declaration will have immense symbolic value, given the six decades in which homophobic persecution has been ignored by the UN.
For a summary of the countries supporting the Declaration, see below.
“Even today, not a single international human rights convention explicitly acknowledges the human rights of LGBT people. The right to physically love the person of one’s choice is nowhere enshrined in any global humanitarian law. No convention recognises sexual rights as human rights. None offer explicit protection against discrimination based on sexual orientation or gender identity,” added Mr Tatchell.
“Eighty-six countries (nearly half the nations on Earth) still have a total ban on male homosexuality and a smaller number also ban sex between women. The penalties in these countries range from a few years jail to life imprisonment. In at least seven countries or regions of countries (all under Islamist jurisdiction), the sentence is death: Saudi Arabia, Iran, Yemen, Sudan, Mauritania and parts of Nigeria and Pakistan:
See the global homophobia survey produced by the International Lesbian and Gay Association:
“Unsurprisingly, the Vatican and the Organisation of Islamic States are leading the fight against the UN declaration.”
Last week, the Papal envoy to the UN, Monsignor Celestino Migliore, explained the “logic” of the Holy See’s opposition when he announced the Vatican’s rejection of this week’s decriminalisation declaration, as reported in The Times newspaper in London:
The Monsignor argued that the UN declaration would unfairly “pillory” countries where homosexuality is illegal; forcing them to establish “new categories (gay people) protected from discrimination.” Such laws would “create new and implacable acts of discrimination…. States where same-sex unions are not recognized as ‘marriages,’ for example, would be subject to international pressure.”
“In other words, protecting LGBT people against discrimination is an act of discrimination against those who discriminate. Since the Vatican is against discrimination, it opposes discrimination against countries that discriminate. This is the mediaeval mindset of the Pope and his placemen,” said Mr Tatchell.
“Never mind, there are already plenty of countries committed to supporting the UN decriminalisation declaration.
“It will be tabled in the General Assembly on Wednesday by France with the backing of all 27 member states of the European Union; plus non-EU European nations such as Norway, Switzerland, Iceland, Ukraine, Andorra, Liechtenstein, Bosnia and Herzegovina, Croatia, Montenegro, Serbia, Ukraine, Armenia and Macedonia. Russia and Turkey are not signing.
“The call for the decriminalisation of same-sex relationships also has the support of the Latin American states of Argentina, Brazil, Chile, Ecuador, Mexico, Uruguay - but not, notably, Columbia, Peru, Guyana or Venezuela.
“Only three African nations - Gabon, Cape Verde and Guinea-Bissau - are endorsing the declaration so far. South Africa has not signed up. No Caribbean nation has offered its support - not even Cuba.
“Although New Zealand is committed to the declaration, Australia is not. Nor is the United States. But Canada is a sponsor.
“No country in the Middle East, apart from Israel, endorses the declaration, and in Asia only Japan has agreed to approve it. China and India are silent on where they stand.
“The initiative for the UN universal decriminalisation declaration came from the inspiring French black activist and gay rights campaigner, Louis-Georges Tin, the founder of the http://www.idahomophobia.org/
International Day Against Homophobia (IDAHO). He lobbied the French government, which agreed to take the lead in getting the declaration tabled at the UN. Member organisations of the global IDAHO network then petitioned their individual governments to support it.
“A reminder as to why this UN declaration matters occurred last Friday, a sad anniversary. On 5 December 2007, Makvan Mouloodzadeh, a 21-year-old Iranian man, was hanged in Kermanshah Central Prison, after an unfair trial. A member of Iran’s persecuted Kurdish minority, he was executed on charges of raping other boys when he was 13. In other words, he committed these alleged acts when he was minor. According to Iranian law, a boy under 15 is a minor and cannot be executed. At Makvan’s mockery of a trial, the alleged rape victims retracted their previous statements, saying they had made their allegations under duress. Makvan pleaded not guilty, telling the court that his confession was made under torture. He was hanged anyway, without a shred of credible evidence that he had even had sex with the boys, let alone raped them. The lies, defamation and homophobia of the debauched Iranian legal system was exposed when hundreds of villagers attended Makvan’s funeral. People don’t mourn rapists. This execution was bared-faced homophobic judicial murder, according to Arsham Parsi, Executive Director, of the underground Iranian Queer Railroad, which helps Iranian LGBTs fleeing arrest, torture and execution.
“Makvan’s fate is just one example of the thousands of state-sponsored acts of homophobic persecution that happen worldwide ever year. It shows why Wednesday’s UN declaration is so important - and so long overdue,” said Mr Tatchell
See US refuses UN gay rights Declaration MWC News
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“Homosexuality needs to be curbed as it spreads HIV/AIDS” Indian Gvt Says to High Court
NEW DELHI: Justifying criminalisation of homosexuality in the country, the Centre has pleaded before the Delhi High that it is one of the main reasons for spread of HIV/AIDS and needs to be curbed.
In a written submission filed by Additional Solicitor General P P Malhotra, the Centre said that legalising Men having sex with Men (MSM), as pleaded by gay rights activists, would lead to spread of the dreaded disease and placed reports of various countries to substantiate its stand.
“In Zambia, one in three (33%) surveyed men who have sex with men tested HIV-positive. In the Kenyan port city of Mombasa, 43% of men who said they had sex only with other men were found to be living with HIV,” the government said, quoting the United Nations report on Global AIDS Epidemic, 2008.
“In Bangkok, HIV prevalence among men who have sex with men rose from 17% in 2003 to 28% in 2005 and it is estimated that as many as 21% new HIV infections in Thailand in 2005 were attributable to unprotected sex between men,” the Centre said.
The 100-page written submission was filed by the Centre as the court, while reserving the order, had allowed the government to file any additional submission in a written form.
Centre’s response came on a PIL filed by gay rights activists seeking the court’s direction to decriminalise gay sex among consenting adults in private.
At present, homosexuality is an offence in the country and Section 377 of Indian Penal Code provides punishment for up to life imprisonment for engaging in such acts.
See Homosexuality needs to be curbed as it spreads HIV/AIDS: Centre to HC
Times of India, India
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