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Gays Are Free in India

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Myself

By T. V. Antony Raj

During the reign of Henry VIII, the Parliament of England passed The Buggery Act 1533. Thomas Cromwell, the chief minister to the King was the brain behind it.

This Act defined buggery as an unnatural sexual act, “the detestable and abominable Vice of Buggery committed with Mankind or Beast” against the will of God and Man. It was England’s first civil sodomy law. Earlier, the ecclesiastical courts dealt such offences before. This Act was later defined by the courts to include only anal penetration and bestiality.

The Offences against the Person Act 1828 replaced the Buggery Act, but buggery remained a capital offence until 1861.

In 1861, during the British rule, the Indian Penal Code introduced Section 377, modelled on the Buggery Act of 1533. It makes sexual activities “against the order of nature”, illegal

377. Unnatural offences: Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 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

All over the world many still consider homosexuality as taboo and as a “deviant behaviour”. But lesbian, gay, bisexual and the transgender (LGBT) communities want homosexuality decriminalised.

On July 2, 2009, in response to a petition challenging the constitutional validity of Section 377 of the Indian Penal Code (IPC) which criminalized consensual sexual activities between homosexual adults conducted in private, the Delhi High Court struck down portions of Section 377 concerning gay sex as unconstitutional. The judgment held that Section 377 infringed upon fundamental rights under Articles 14, 15, 21 of the Constitution of India, and declared the section unconstitutional to the extent that it criminalized private consensual sexual activity between adults. 

Some religious bodies challenged this judgment of decriminalizing Section 377 in the Supreme Court of India.

On December 11, 2013, in Suresh Kumar Koushal vs Naz Foundation case, the Supreme Court of India held that Section 377 providing punishment for gay sex was constitutionally valid and overturned the judgement of the Delhi High Court, thereby shutting the small window for gay rights opened by the Delhi High Court. The Supreme Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. 

On Saturday, November 28, 2015, speaking at the Times LitFest, late finance minister Arun Jaitley of BJP and his predecessor P Chidambaram of Congress came out in support of gay rights. 

Arun Jaitley is the first leader from the BJP to have supported decriminalization of consensual sex among gay adults. Speaking in his capacity, he said, “When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court’s view appears more acceptable.” 

Speaking just afterwards, Chidambaram, who was also speaking in his capacity, said that the Delhi High Court verdict decriminalizing gay sex was a wonderful one and the Supreme Court should have stayed with it.

On February 6, 2016, a three-member bench of the Supreme Court reviewed curative petitions submitted by the Naz Foundation and others and decided that they would be reviewed by a five-member constitutional bench.

On August 24, 2017, the Supreme Court upheld the right to privacy as a fundamental right under the Constitution in the landmark  Puttaswamy judgement. The Court also called for equality and condemned discrimination, stated that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine.

This judgement was believed to imply the unconstitutionality of section 377. 

In January 2018, the Supreme Court agreed to hear a petition to revisit the 2013 Naz Foundation judgment. 

On Thursday, September 6, 2018, in the judgment given by a five judges bench comprising the then Chief Justice of India Dipak Misra, Justices R F Nariman, D Y Chandrachud, A M Khanwilkar and Indu Malhotra, the Supreme Court of India pronounced the much-awaited verdict on a clutch of petitions challenging the constitutional validity of section 377 of the IPC which criminalises consensual gay sex. It ruled unanimously in Navtej Singh Johar vs Union of India that Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex.” 

However, other portions of Section 377 relating to sex with minors, non-consensual sexual acts, and bestiality stay in force.

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European Feminists Gang Up on Children’s Fairy Tales

by Svetlana Smetanina 

11.12.2012

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Fairy Tale

European kindergartens and schools may ban children’s books and fairy tales that depict the traditional family. This is a request of the European Parliament Committee on Women’s Rights. According to the committee, fairy tales should talk about sexual diversity. Norwegian experts believe that children benefit from watching porn.

The European Parliament’s Committee on Women’s Rights and Gender Equality prepared a report that calls for a ban of all books that show the traditional family where the father is the breadwinner and the mother takes care of the children in schools and day care centers of Europe. According to the authors, these books are bad for the future life of children, especially girls, and promote wrong behavioral patterns. In the future, it may prevent them from building a career.

Feminists are concerned that children from an early age are constantly faced with “negative gender stereotypes” in television shows and commercials. The word “negative” in the report is synonymous with the word “traditional”. Over time, the ban would be extended to television and advertising. So far it was decided to start with books.

The authors of the report strongly recommend urgent legislative measures in the field of children’s literature. In particular, they suggest introducing a policy of “equality of all social sectors.” An example of alternative children’s literature is a book “King and King” with kissing men on the cover. According to the report, this would help children to learn about the “true sexual diversity of society.”

In fact, such measures have already been taken in some countries, particularly in Scandinavian ones that consider themselves the vanguard of Western democracy. “Pravda.Ru” once reported about a Swedish toy manufacturer that issued a catalog before Christmas where girls were pictured shooting imaginary enemies with laser guns, and boys were depicted playing with dolls.

This was a requirement of the Swedish advertising regulator who accused the toy manufacturer of sexism and imposition of negative gender stereotypes. Norwegian kindergartens in 2010 introduced a program of compulsory sex education focusing on sexual minorities.

The report of the European Parliament also insisted that “homosexuality should be taught in kindergarten as a form of experience and knowledge.” According to them, this will expand the concept of “gender identity” for children. “Sexual diversity should be obvious to children. Children need to know that this is normal when your parents are gay or lesbian.”

For some reason, not all parents are willing to believe that this is “normal.” In Norway Muslim community strongly opposed such education in kindergartens. They threatened to withdraw their children from such institutions or create an alternative.

For the “dark” parents who are not aware of the latest trends in sex education in modern society, Norway’s largest newspaper VG Nett recently published an opinion of psychologists and sex therapists who said that it was beneficial for children to watch porn on the internet.

“Parents should not be afraid of their children’s sexuality. Conversely, from a health perspective it is beneficial to watch porn at a time when parents and children talk openly about these issues,” said psychologist and sex researcher Andres Lindskog.

He was commenting on a statement recently issued by an expert from the organization Save the Children, who expressed concern about the fact that increasingly more children and teenagers were addicted to watching pornographic sites on the Internet.

Anders Lindskog is convinced that there is no addiction or harm from this. “It’s important for parents to understand that children are born with sexuality and follow their biology. Children have the same feelings as adults,” said the expert.

After that, should we be surprised that the number of cases of pedophilia is growing in Norway? They mostly occur within the family. A few days ago, newspapers wrote about another such case. A couple, a husband and wife, subjected their three children under 10 years of age to violence and sexual perversions for years.

The children confirmed the violence to the police. But that does not mean that the punishment will be sufficiently severe. In Norway, pedophilia is considered a disease and is listed in the Medical Register. For this reason, pedophiles are given short sentences – from several months to several years. In some cases punishment could be limited to penalty only. In the end, parents can always say that they practiced “diversity of sexual relations.”

Pravda.Ru 

Read the original in Russian

Re-posted from pravda.ru