India: Legal gay sex ruling challenged
A landmark ruling that legalized gay sex between consenting partners in India was challenged Thursday in the country’s high court, lawyers said.
The supreme court issued a notice to the nonprofit Naz Foundation that had won a lower-court verdict after a seven-year legal fight to decriminalize gay sex.
Notices also were issued to the federal government and the New Delhi high court, which ruled last week that consensual sex between partners of the same gender was legal.
An astrologer filed a petition challenging the ruling. The petitioner argued that no constitutional right is violated by the Indian penal code’s Section 377, which had outlawed gay sex, said his lawyer Praveen Agrawal.
The petition also cited Indian culture and health as grounds for seeking a stay on last week’s ruling, he said.
The supreme court posted the next hearing for July 20.
Last week’s ruling meant the law — Indian penal code section 377, which had previously criminalized consensual homosexual acts between adults — was partly struck down but remains in place as far as forced homosexual acts are concerned.
The verdict affects law enforcement all around India because it deals with a law enacted by the federal parliament.
See India: Legal gay sex ruling challenged
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Ancient India didn’t think homosexuality was against nature
NEW DELHI: Was Indian society tolerant of homosexuality before the colonial administration proscribed it in 1860? The government has taken conflicting positions on this within the country and outside.
On a petition pending before the Delhi high court seeking to decriminalize homosexuality, the government said in its counter affidavit that that there were “no convincing reports to indicate that homosexuality or other offences against the order of nature mentioned in Section 377 IPC were acceptable in the Indian society prior to colonial rule.�
But when it was being reviewed by the UN Human Rights Council last year for the first time ever, India distanced itself from that provision when Sweden, arguably the most gay-friendly country in the world, questioned its record in ensuring equality irrespective of a person’s sexual orientation.
This is how Goolam Vahanvati, who was then solicitor-general and is now attorney-general, tried to save India’s face before the council as part of its official delegation. “Around the early 19th Century, you probably know that in England they frowned on homosexuality, and therefore there are historical reports that various people came to India to take advantage of its more liberal atmosphere with regard to different kinds of sexual conduct.
“As a result, in 1860 when we got the Indian Penal Code, which was drafted by Lord Macaulay, they inserted Section 377 which brought in the concept of ‘sexual offences against the order of nature’.
Now in India we didn’t have this concept of something being ‘against the order of nature’. It was essentially a Western concept, which has remained over the years. Now homosexuality as such is not defined in the IPC, and it will be a matter of great argument whether it is ‘against the order of nature.”
Vahanvati’s admission on the international forum that the ban on homosexuality was a western import and its relevance was debatable flies in the face of the government’s unabashed efforts before the Delhi high court to retain Section 377, complete with its colonial baggage and archaic notion of unnatural offences.
Whatever the politics behind this glaring contradiction, there is ample evidence placed before the high court by petitioner Naz Foundation substantiating in effect Vahanvati’s view that in the centuries prior to the enactment of section 377, India was rather accommodating of homosexuals. See Ancient India didn’t think homosexuality was against nature
Times of India
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Religious groups in India have warned they will…
Religious groups in India have warned they will oppose any move to legalize homosexuality as the federal government prepares to hold talks on a law that classifies same-sex acts as crimes.
India’s Hindu nationalist main opposition has in the meantime called for a national debate on the legislation that law minister M. Veerappa Moily last week said would come up for a discussion within the government.
“This is a sensitive issue and warrants a debate within the Indian society at large before arriving at any decision,” said Sidharth Nath Singh, spokesman for the opposition Bharatiya Janata Party.
An Indian court is due to give its judgment on a petition filed by a nonprofit group that has challenged the anti-gay provision of the penal code.
In a news conference last week, Moily refused to spell out his government’s stand on it because it awaits judicial determination. But his comments that the federal home minister was “contemplating” a meeting with his Cabinet colleagues on the law drew widespread coverage in the largely conservative country.
“Hope floats at rainbow parades,” read a caption on a front-page picture from a gay parade in New Delhi in Monday’s Times of India newspaper.
Participants in that march demanded repeal of Section 377 of the penal code, which criminalizes private consensual sex between adults of the same gender in the country. 
Watch a New Delhi march in support of gay rights »
Religious leaders, however, oppose any suggestion to scrap 377, describing homosexuality as “unnatural.”
“We are against calling homosexuality a criminal activity, but we are certainly in principle against legalizing it, because that would mean the state endorsing same-sex relationships,” said Babu Joseph, spokesman for the Catholic Bishops’ Conference of India.
Homosexuality “violates fundamental norms of a family,” he said.
See India faith leaders: Anti-gay law must stay CNN International
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Delhi HC verdict on panel provision of gay sex likely Toda
See
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
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India Decriminalizes Gay Sex
n what many are calling “India’s Stonewall”, the New Delhi High Court on Thursday decriminalized homosexual intercourse between consenting adults, by striking down section 377 of the Indian Penal Code. This law labels gay sex to be an “unnatural offense”, punishable with up to ten years in prison.
Drafted in 1860, this Colonial-era law was brought into effect by the British, and was in line with similar anti-homosexuality legislation passed in England at the time. In the past decade, gay rights activists and lawyers have strived hard to abrogate Section 377, calling it “inhuman”, and as the Naz Foundation, which filed the petition to abolition 377 in 2001 argued, a violation of constitutional rights to privacy and equality.
No Rain on Their Parade
In its ruling today, the Delhi High Court affirmed that claim, saying that Section 377 violated basic human rights. The same court, however, had dismissed a similar petition in 2001. It is clear that this latest ruling is a reflection of increased activism by gay rights groups and high profiled supporters like Bollywood actress and Former Miss World Celina Jaitley, along with a more progressive government.
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India Decriminalizes Gay Sex
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Gay businessman gets anticipatory bail
MUMBAI: A sessions court has granted gay businessman Ratan Shrivastav anticipatory bail. His wife, Pooja, had filed a case against him under Section 377 of the Indian Penal Code. Homosexuality is a cognizable offence in India.
While granting Shrivastav bail, Judge D U Mulla held that there was no need for custodial interrogation in the matter. Pooja had lodged a complaint with the Gamdevi police station in February, claiming that Shrivastav’s relations with other men was taking a toll on their marriage.
The complaint was filed against Shrivastav, a resident of Peddar Road, and his alleged partner, Damien Christopher, a sailor with the merchant navy. Christopher has already been granted anticipatory bail. Shrivastav’s advocate V Kantawala told the court that Pooja married his client in 1994, and had been living with him ever since. The couple has an eight-year-old son. See Gay businessman gets anticipatory bail
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SENEGAL: Jailing of gay activists sets back AIDS fight
The men, who were involved in providing HIV prevention, care and treatment services to Senegal’s lesbian, gay, bisexual and transgender (LGBT) community, have been sentenced to eight years in prison.
Homosexuality is punishable by up to five years in prison, according to the Senegalese penal code. In this case, the judge added three years for criminal conspiracy.
In a statement released last week, the International AIDS Society, which promotes new HIV research and best practice and is the custodian of the International AIDS Conference, and the Society for AIDS in Africa (SAA), which works to slow the spread of HIV, said criminalising and discriminating against any group of individuals only served to fuel the HIV epidemic by denying services and relevant prevention messages.
“The arrest of these men, based purely on their sexual orientation represents a major setback for the Senegalese response to HIV, which is widely viewed as a model in Africa,” said Joanna Mangueira, President of the SAA.
Cheikh Niang, professor of anthropology at Cheikh Anta Diop University in Dakar, the Senegalese capital, and author of studies on AIDS and sexuality in the country, agreed that jailing the activists was “counterproductive”.
“The severity of the sentence has created an atmosphere of panic amongst the associations that are working on HIV prevention and treatment with men who have sex with men (MSM),” he told IRIN/PlusNews.
Michel Bourelly of AIDES, an international organisation working with men who have sex with men in Senegal, said gay activists had gone into hiding or fled the country since the judgement. “Everything has stopped. The associations that provide HIV/AIDS services for homosexuals and MSM are too scared to work.”
Contradictions
According to Bourelly, the men were arrested while attending a meeting on HIV prevention. Brochures, condoms and model penises were confiscated as pornographic material.
“The condoms that were considered pornographic material during the trial were provided by the Senegalese government,” he pointed out.
A young gay member of an HIV/AIDS organisation serving MSM in Senegal, who did not want to be named, confirmed that intolerance of homosexuality had risen.
“Physical violence is more common now. Before we had groups which helped us – they gave us the courage to meet. We would do work on prevention, but now it’s too dangerous,” he said.
The jailed men were detained just two weeks after Senegal hosted the International Conference on AIDS and STIs in Africa (ICASA), where speakers emphasised the importance of addressing the needs of sexual minorities in African AIDS programming. Over 50 gay activists attended.
In an interview with IRIN/PlusNews in November 2008, Souleymane Mboup, President of ICASA, said MSM were a reality in Africa that could not be ignored.
“This is a question that we cannot run away from if we want to advance [the fight against HIV],” he said. “Many countries, including Senegal, must open their eyes and learn. We must think about which strategies to adopt.”
In 2007 the Global Fund to Fight AIDS, Tuberculosis and Malaria granted Senegal US$32 million to strengthen its HIV/AIDS response. Part of the grant was earmarked for targeting “vulnerable groups”, including MSM, with prevention campaigns, condoms and MSM-friendly clinics over the next five years.
“Senegal has been given considerable sums of money to address the needs of MSM in its national AIDS programme,” said Bourelly. “But now they are jailing the people they are supposed to be targeting.”
No one from the National AIDS Committee, one of the two principal recipients of the Global Fund grant, was available for comment. Abdoulaye Wade, director of the AIDS division at the Ministry of Health, told IRIN/PlusNews that the government continued to provide HIV/AIDS prevention and treatment services for MSM, but did not elaborate on what those services were.
Regressive
Joel Nana, advocacy director at the South African office of the International Gay and Lesbian Human Rights Commission (IGLHRC), said Senegal had been praised for its progressive and inclusive HIV/AIDS programmes in the past.
“Senegal was the first country in Africa to address MSM in HIV programming, so this [judgment] is really a step backwards,” he told IRIN/PlusNews.
While Senegal has maintained a low HIV prevalence of about one percent in the general population, official data and studies conducted at Cheikh Anta Diop University suggest that about 21.5 percent of MSM were HIV positive in 2005. The studies also found that over 80 percent of MSM had female as well as male partners.
“It is a considerable error to think that this is just a homosexual problem,” said Bourelly. “Most MSM have had, or continue to have, sex with women, so the impact of effectively shutting down MSM programmes will be considerable on the general population.”
Human rights groups and AIDS organisations are calling for the immediate release of the nine imprisoned men, and for a change in Senegal’s penal code. Niang agreed that it was time to debate the merits of the law.
“There is no point in saying that men who have sex with men do not exist in our societies,” he said. “It exists and it is an ancient phenomenon. By ignoring its existence we will not respond appropriately [to the HIV epidemic].”
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Eid pardon for Kurdish journalist imprisoned for writing about gay sex
A doctor sentenced to six months by a Kurdish judge for writing an medical article about sodomy has been pardoned and released.
Adel Hussein was convicted under the 1969 penal code of offending “public customs” with his article in newspaper Hawlati and sentenced on November 24th in the city of Arbil, the capital of Kurdish-controlled Iraq.
Massoud Barzani, President of the Autonomous Kurdish Government in Iraq, granted the pardon on Sunday, one day before the Muslim celebration of Eid, according to The Committee to Protect Journalists (CPJ).
See Eid pardon for Kurdish journalist imprisoned for writing about gay sex
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