Nikhil Wagle speaks on the rising cases of mob lynching across country. He urges that setting accountability of society and rulling forces is the only way to curb the social evil.
Courtesy: Newsclick.in
Email: sabrangind@gmail.com
SC set to hear appeals against its own ruling on Section 377, Hearings Begin Today
Pleas to decriminalise consensual sex in private between adults of any gender or sexuality
The Indian Supreme Court is all set to start hearing a series of petitions that call for the reading down to Section 377 of the Indian Penal Code. In these petitions the plea is to decriminalise consensual sex between adults in private. Section 377 that criminalises ‘carnal intercourse against the order of nature’, also affects heterosexual people. Here is a brief account of the LGBTQIA community’s quest for equality and justice so far.
Section 377 criminalises ‘unnatural sex’. It says,
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
This clearly means that all sexual activity that can be categorised as ‘unnatural’ comes under the purview of this section of the law. This provision of the law, therefore not only affects the LGBTQIA community, but also cis gender heterosexual people who engage in any sexual activity that involves an artificial orifice, sexual aids or toys, penetration of non-vaginal orifices in the human body. Interestingly, therefore, it effectively means that homosexuality or feeling attracted to a person of your own sex is not illegal, but engaging in ‘unnatural’ sex is. Nobody can detain or imprison you just because you are homosexual. However, if caught having sex ‘against the order of nature’, the person can be booked under Sec 377. This is precisely why the LGBTQIA community and human rights activists have been demanding that this section be read down.
CJP is a huge supporter of equal rights for people of all sexes, genders and sexualities. We believe Love is Love! To know more about CJP’s commitment to spreading awareness about the LGBTQIA community, please join us and become a member. You can also support us by tweeting with #AbkiBaarEqualPyaar to keep the #JungJaari for Equal Rights.
Section 377 in the Courts
In May 2009, The Delhi High Court had read down section 377 and decriminalised consensual sex between adults irrespective of their gender or sexual orientation. A summary of that judgment may be read here:
Case Summary Naz Foundation v. Government of NCT of Delhi and Others
In December 2013 however, the Supreme Court set aside this landmark judgment effectively recriminalising so called “unnatural sex”. It was left to the Parliament to pass appropriate legislation to tackle the subject. The judgment may be read here:
Suresh Kumar Koushal & Anr vs Naz Foundation & Ors
After this Bharatnatyam dancer Navtej Singh Johar and others moved Supreme Court in June 2016. Their petition highlights how the constant fear of their sexuality becoming known has affected their personal and professional lives. This petition may be read here.
In an unexpected shot in the arm for India’s vibrant LGBTQIA community, while delivering the verdict in the Right to Privacy Case in August 2017, Justice DY Chandrachud who authored the judgment of the four judge bench that also comprised then Chief Justice J.S Khehar, Justice RK Agrawal and and Justice S Abdul Nazeer, made remarks that once again left a backdoor open to legally challenge section 377. You can read the entire judgment here:
Right to Privacy Judgment
Here is an excerpt from the judgment that talks about privacy and how it applies to LGBTQIA:
The decision in Koushal presents a de minimis rationale when it asserts that there have been only two hundred prosecutions for violating Section 377. The de minimis hypothesis is misplaced because the invasion of a fundamental right is not rendered tolerable when a few, as opposed to a large number of persons, are subjected to hostile treatment. The reason why such acts of hostile discrimination are constitutionally impermissible is because of the chilling effect which they have on the exercise of the fundamental right in the first place. For instance, pre-publication restraints such as censorship are vulnerable because they discourage people from exercising their right to free speech because of the fear of a restraint coming into operation. The chilling effect on the exercise of the right poses a grave danger to the unhindered fulfilment of one’s sexual orientation, as an element of privacy and dignity. The chilling effect is due to the danger of a human being subjected to social opprobrium or disapproval, as reflected in the punishment of crime. Hence the Koushal rationale that prosecution of a few is not an index of violation is flawed and cannot be accepted. Consequently, we disagree with the manner in which Koushal has dealt with the privacy – dignity based claims of LGBT persons on this aspect.
Fresh Petitions in the Supreme Court
After the landmark ruling in the Privacy case a slew of petitions were filed once again in the Supreme Court. These include:
There is a petition by Ashok Row Kavi who is one of India’s oldest and most prominent LGBTQIA rights activists. He is the founding chairman of The Humsafar Trust, one of India’s best known non-profit organizations working to not only educate and support the LGBTQIA community, but also spread awareness about HIV, AIDS and safe sexual practices. Kavi says, “I have been fortunate in being able to come out of the closet, but have personally witnessed the humiliation that LGBTQI people face and the detrimental emotional impact criminalization and stigma has on them. More than anything else I have witnessed the negative, impact of the law under Section 377, IPC on the lives of LGBTQI persons, particularly gay men and transgender persons, both physically and emotionally, as a result of which they live double lives. The criminalization of their core being has devastating impact on their psyche. The Humsafar Trust was primarily set up to empower LGBTQI communities to overcome the stigmatization resulting from the law and has been working on these issues for the past 24 years. Therefore it is my strong belief that IPC Sec 377 must exclude consensual, sexual conduct between adults.” The entire petition may be read here.
Hotelier Keshav Suri has also moved Supreme Court against Section 377. The 33 year old Executive Director of the Lalit Suri Hospitality Group says, “I think the timing is perfect. We have support from the media, our straight allies and most importantly the youth.” His entire petition may be read here.
Equal Rights activist Harish Iyer has also filed an Impleadment Application urging the court to consider how homosexuality is not against Indian culture. “I ask for reading down of section 377 so that consensual sex between adults in private should not be the business of the state to interfere. I am not seeking the abolishment of section 377 as there is no law that protects non-females from sexual violence like rape,” he says. His IA may be read here.
Feature Image courtesy QGraphy
First Published on https://cjp.org.in/
Related:
Understanding LGBTQIA (Community Resource)
Rainbow through the years
Love is the Order of Nature
Homophobia is Anti-National: Keshav Suri
Jharkhand’s civil society representatives condemn Jayant Sinha’s support for Ramgarh lynching accused
On 6 July, Union Minister of state for civil aviation, Jayant Sinha, felicitated life convicts after they were released on bail by the Jharkhand High Court. All the eight men were convicted in the lynching of Alimuddin Ansari of Ramgarh. According to media reports, these men were escorted from the jail to Jayant Sinha’s house by a local leader of the Bhartiya Janata Party (BJP). Further, Jayant Sinha also defended his action in a series of tweets.
In March 2018, a fast track court convicted these men and three others for the murder of Ansari. The group of convicted men includes Nityanand Mahto, a local BJP leader, and members of a gau raksha samiti. Ansari was killed by a mob on 26 June 2017 on suspicions of carrying beef. His wife testified against the 11 men. Many of the accused were also caught beating Ansari in various videos of the assault.
Despite incriminating evidence against the accused, the High Court’s decision to grant bail to them is deeply worrying. On the other hand, the act of the minister and the BJP is highly condemnable. It indicates a blatant approval of the lynching of a Muslim man in the name of ‘cow protection’ by the government and the BJP. It adds to the growing evidence of their communal attitude towards religious minorities, primarily Muslims and Christians. It also exposes the hollowness of the BJP government’s slogan of ‘sabka saath, sabka vikas’.
Since 2014, there is a significant increase in the attacks against Muslims and Christians and other incidents of communal violence in Jharkhand. At least 11 persons –nine Muslims, including a 12-year old boy, and two adivasis – have been killed or brutally assaulted in the last two years, primarily in the name of cow protection (see annexure I for details of the killed persons). In most of the cases, the state machinery resisted to hold the guilty accountable. Lack of political will to check this attacks on minorities can be gauged from the shameless announcement by the Member of Parliament of the BJP, Nishikant Dubey, to provide monetary and legal support to the persons accused in the recent lynching of two Muslim men in Godda.
Concerned citizens and members of various people’s organisations and movements – Bagaicha, Fraternity Movement of India, Jharkhand Nagrik Prayas, Jharkhand NREGA Watch, Jharkhand Sadbhavna Manch, National Alliance for People’s Movement, Right to Food Campaign, Solidarity Centre, United Milli Forum, Jharkhand, Sajha Kadam, Samajwadi Jan Parishad, Visthapan Virodhi Jan Vikas Andolan – strongly condemn the act of the Union Minister and demand the following:
- The central and state governments and the BJP to unequivocally condemn the acts of Jayant Sinha, Nishikant Dubey and the local unit of the party.
- State government to ensure communal harmony and equality and justice for minorities.
- State government to ensure criminal action in all the cases of lynching and mob violence.
For further information, please contact on us loktantra.bachao.manch@gmail.com
Courtesy: https://countercurrents.org
Taj must be protected; no namaz allowed inside: SC
New Delhi, July 9: The Supreme Court on Monday refused to allow outsiders to offer ‘namaz’ at a mosque inside the Taj Mahal premises, saying the historic monument, which is one of the seven wonders of the world “must be protected”.
A bench headed by Justice A.K. Sikri and Justice Ashok Bhushan said there was no need to perform prayers at the Taj Mahal as it dismissed a plea filed against Agra authorities’s order debarring outsiders from offering prayers on Fridays at the mosque inside the Taj Mahal complex.
“Why should people go to the Taj Mahal for prayers, there are other mosques also where they can offer their prayers,” asked the bench after petitioner Syed Ibrahim Hussain Zaidi, president of Taj Mahal Masjid Management Committee, contended that several tourists visit the city throughout the year and the order to restrain them from offering their prayers at the complex was “illegal”.
The district administration, to ensure foolproof security to the world heritage site, on January 24, ordered that only those with valid identity cards would be allowed entry to the monument complex to offer prayers on Fridays.
The Taj Mahal remains closed for tourists on Fridays.
The order, which held that entry of outsiders could adversely affect the security of the monument, came following complaints that outsiders, including Bangladeshis and non-Indians, enter the Taj Mahal complex on Fridays on the pretext of offering prayers.
Courtesy: Two Circles
Conference uncovering anti-people amendments and how to challenge them held in Delhi
The arrests of hundreds of Adivasis, rights and environmental activists, criminalisation of the land rights and Pathalgarhi movements point to the desperation of the capital to illegally facilitate plunder and loot of people and natural resources.
Image Courtesy: https://cjp.org.in/
New Delhi: National Alliance of People’s Movements (NAPM) and Bhumi Adhikar Andolan (BAA) organised a conference on Monday at Gandhi Peace Foundation to uncover and challenge the regressive and anti-people amendments being made to land, forest, environment and other laws infringing on people’s sovereignty and rights.
“Since the passage of the Right to Fair Compensation, Transparency in Acquisition, Resettlement and Rehabilitation Act, 2013 (also known as land law 2013), several attempts have been made to amend, dilute or negate the provisions which work in the favour of project affected people, protect the rights of the farmers and workers. One of the first things which NDA government did after coming to power was to bring out an Ordinance to amend the 2013 land law, which didn’t become a law primarily because of intense opposition by the people’s movements, farmers and workers organisations, and the political parties. However, the defeat at the central level has led to a shift in their strategy. The BJP ruled states got on to amending the central law and thereby incorporating all the changes which Ordinance was proposing to make. On that basis, Gujarat, Andhra Pradesh, Rajasthan and some other states have made those changes. In addition, the State rules have also tried to undermine some of the positive provisions of consent, options assessment, social impact assessment, compensation and R&R provisions, return of land to original owners, protecting land rights and so on,” the invite by the groups said.
The demand for land and land acquisition has become essential to many of the grand infrastructure projects like Industrial Corridors, Sagarmala, Bharatmala, Smart cities, Bullet trains etc, planned by many of the state governments. This has meant changes in the land laws, environmental laws, mining laws, forest right act, labour laws and so on. All this has also close links to the reforms being carried out in order to improve the ease of doing business rankings and the expected foreign investments from international financial institutions and other sources. These retrograde and anti-people reforms are facilitating assault and harassment on farmers, workers, activists, journalists and overall on the nation’s sovereignty itself. The lack of political will and the insecurity of the State is more than evident in the non-implementation of the Forest Rights Act 2006, through bureaucratic delays and denial of claims on frivolous grounds in states like Gujarat, Maharashtra, Jharkhand and the hill states of Himachal and Uttarakhand.
“The recent increase in violence and police firing leading to the death of more than 12 people in Tuticorin, six people in Mandsaur, six people in Hazaribagh few years ago, arrests of hundreds of Adivasis, rights and environmental activists, criminalisation of the land rights and Pathalgarhi movements, they all point to the desperation of the capital to illegally facilitate plunder and loot of people and natural resources,” the invite stated.
The day-long meeting has been organised to understand these changes and then strategise to challenge this.
Human rights NGO accuses UP cop of sending death threats over fake encounter cases
The NGO chief produced audio clips at a press conference seeking to prove his charge. “The UP-chief minister is saying that some police officials are not able to stop crime in the state, while the truth is that the police itself is involved in crime,” the NGO head said
Lucknow: Rihai Manch, a human rights voluntary organisation, held a press conference on Saturday demanding action against UP police who threatened one of the NGO’s leaders Rajiv Yadav.
The spokesman, Anil Yadav, said that the general secretary and his family’s lives were in danger and the Uttar Pradesh police is threatening those who raise their voice against fake encounters.
“Rihai Manch head Rajiv Yadav claimed he was threatened by the police station in-charge Arvind Yadav at Kandharpur in Azamgarh district. He alleged the officer was involved in a fake encounter,” the statement by the spokesman said.
“The UP police will be fully responsible in case anything happens to me,” Rajiv said.
The NGO leader produced audio clips at a press conference seeking to prove his charge. “The UP-chief minister is saying that some police officials are not able to stop crime in the state, while the truth is that the police itself is involved in crime,” the leader said.
A number of police officers are mocking the law by behaving like ‘Singham and `Chulbul Pandey, he said referring to fictional policemen in two movies.
Rihai Manch spokesperson Anil Yadav demanded that the concerned police officers should be shifted out in cases where probes are on into alleged fake encounters to ensure impartiality. He said the presence of the Kandharpur police station in-charge Arvind Yadav in the district may also influence an investigation there.
“Police atrocities in the state have virtually reached their peak and there is an atmosphere of fear and insecurity in the state,” the spokesperson said.
On raising the question of fake encounters, the release was released by General Secretary Rajiv Yadav, who said that “On July 5, at around 10 pm, I received a call from Arvind Yadav’s CUG number 9454402912 from Kandharpur police station in Azamgarh. He threatened me and abused my mother. He also threatened to file a false case against us.”
The press statement said that the police threatened the lawyer Farman Naqvi in the Muzaffarnagar Furqan fake encounter case and the case was dismissed without the family’s approval. Another constable made a lawyer run for his life and beat him up.
Those who addressed the media at the Lucknow Press Club included S.R. Darapuri, retired IG of Police, Uttar Pradesh; Syed Wasim Ahmad, retired DIG, Uttar Pradesh; Senior Journalist Sharad Pradhan; Eminent Rights activist Arundhati Dhruv; Rihai Manch president Advocate Mohammad Shoaib and general secretary Rajeev Yadav.
On 6th July, Rajeev wrote to Director General of Police (DGP), Uttar Pradesh and provided him with a full transcript of his conversation with the cop. Rajeev also sent the letter to Chief Justice of India, Governor, Uttar Pradesh, Chief Secretary and Home Secretary of Uttar Pradesh and NHRC.
In the letter, Rajeev said that the cop abused him and threatened to pick him from home.
In his complaint, Rajeev said: “He had issued a press release on the basis of his conversation with victim families of Azamgarh encounter and the recent Supreme Court notice to the Uttar Pradesh government over the encounters.”
“From the way the caller threatened to file a case against me and to stop the voice of protest forever, it seems that the caller can kill anyone, otherwise he would not have threatened to pick me from home. I am terrified by the threat that anyone from the police can kill me anytime. It is, therefore, necessary in the interest of justice to take notice of the threat and order a departmental and criminal inquiry against the caller,” said Rajeev.
The Manch also demanded the removal of the police officers allegedly involved in the encounters which are being probed, saying that without it, an impartial probe is impossible.
At the press conference, transcription of the threat call by the cope was released and complaints of victim families and transcription of their talks with Rajeev Yadav were also released. The families have made serious allegations against the cop.
Addressing the press conference, S.R. Darapuri, former I.G. of Uttar Pradesh police, said: “In the entire country, social workers and human rights activists are being terrorized in a planned way. On one hand, Sudha Yadav who has been fighting for poor tribals and other Dalit-tribal activists are being branded naxals. On the other, Rihai Manch leader Rajeev Yadav is being threatened. Such attacks on human rights activists are attacks on democracy and we will protest against them.”
Retired DIG Syed Wasim Ahmad said that the threat to Rajeev is just a sample, and one can imagine how terrified victim families are.
Senior journalist Sharad Pradhan said, “The Uttar Pradesh police have become a threat to freedom of speech and expression. They seem to be hell-bent on suppressing the voices being raised against them.”
With inputs from PTI
Why are Dalit women fighting? Dr. Ruth Manorama explains
Dr. Ruth Manorama, National Convenor, National Federation for Dalit Women(NFDW) and Recipient of Right Livelihood Award(Alternate Nobel Prize), 2006, talks about the history of Dalit women’s engagement in international advocacy in a video published by Dalit Women Fight on Youtube.
NTUI supports Sudha Bharadwaj in her fight against Arnab and Republic TV
Gautam Mody, the general secretary of The New Trade Union Initiative (NTUI) condemned the allegations on human rights lawyer Sudha Bharadwaj by Arnab Goswami and Republic TV and promised support for the lawyer.
Gautam Mody, the general secretary of The New Trade Union Initiative (NTUI) condemned the allegations on human rights lawyer Sudha Bharadwaj by Arnab Goswami and Republic TV. “A large section of the media, which should above all be the defender of democracy, has placed itself at the disposal of rightwing political forces, the ruling BJP government and agencies of state to serve an agenda that goes against the interest of the many and serves the interest of the few,” said a statement released by NTUI. They urged to stop the witch-hunting of trade unionists and human rights defenders.
The statement added that “The references to Sudha are part of an ongoing campaign both in government and through regressive forces in civil society to create an atmosphere of fear amongst those speaking up and standing against the attack on democracy, justice and equality.”
“The New Trade Union Initiative condemns the baseless allegations, that are fabricated and defamatory, made against Comrade Sudha Bharadwaj leader of the Pragatisheel Cement Shramik Sangh and Jan Aadharit Engineering Mazdoor Union in Chhattisgarh of having ‘Maoist’ links, receiving funds from ‘Maoists’ and creating a ‘Kashmir like situation’ by Republic TV Managing Director and anchor, Arnab Goswami,” it said.
“Sudha, inspired by Sankar Guha Niyogi, joined the trade union movement three decades ago in the difficult terrain of Dalli Rajhara and Bhilai. She has also been an active human rights defender who recently spoke against the arrest of human rights activist and General Secretary of Indian Association of Peoples’ Lawyers, Surendra Gadling, for his alleged link with the Bhima Koregaon violence in Nagpur. Gadling has been unremittingly fighting cases against human rights violations and false UAPA cases imposed upon Dalits and Adivasis while providing legal aid to Delhi University professor G.N. Saibaba and Dalit rights activist Sudhir Dhawale. Sudha also has been vocal against the arrest of Damodar Turi from Ranchi allegedly as an activist connected to the unlawfully banned trade union Mazdoor Sangathan Samity (MSS). Comrade Sudha has also challenged the ban of MSS is trade union organisation, registered under the provisions of the Trade Union Act 1926 since 1989 unionising contract workers and other workers in the informal sector who are amongst the most exploited section of the country’s working people. The ban on MSS is not just in violation of the Trade Unions Act but also an attack on the fundamental rights of MSS’ members in so far as the Government of Jharkhand’s action denies them their right to freedom of association as provided under Article 19(1) c of the Indian Constitution,” the release stated.
“The NTUI joins with all progressive forces in fighting this attack as it stands in solidarity with Comrade Sudha Bharadwaj and the members of the Pragatisheel Cement Shramik Sangh and Jan Aadharit Engineering Mazdoor Union who continue to face the gravest attack on their rights and workers and citizens. Their fight is our fight and a fight we must win,” they added.
Read also
Human rights lawyer sends legal notice to Arnab Goswami over ‘fake news’
Statement condemning the attack on Advocate Sudha Bhardwaj