Re: [IAC#RG] IAC's position on homosexualtity

CJ AP Shah's judgement was co-authored if I recall correctly, (and not
by the other judge.)

The flaws in that judgment were reversed by Justice Singhvi in the SC,
in a judgment widely criticised by the liberal / westernised media NGO
lobbies. Justice Singhvi's judgemnt is here
http://judis.nic.in/supremecourt/imgst.aspx?filename=41070
Para 38 of this judgement should be read carefully.

Despite what the NGO shouting brigade misrepresents, Section 377 is
about the act (and the specific circumstances of its commission) and
not about the genders of the participants / victims.

The question before IAC is not section 377, but on much wider issues,
eg. if homosexuals (say in senior positions in Indian Navy,
hypothetically liable to being blackmailed for their sexual
orientation by foreign powers to reveal important secrets) should be
allowed to continue in the services., and which was the actual cause
of action (even if nobody publicly said so).

Sarbajit






On 10/1/14, Shanti Bhushan <shantibhush@gmail.com> wrote:
> The Delhi High Court judgement written by Justice APShah is an excellent
> exposition oh this subject which ought to be accepted by the society as a
> whole.We know that consensual homosexuality has existed in society for long
> although kept under wraps. Time has come to openly acknowledge it and accept
> it .
>
> Sent from my iPad
>
> On Oct 1, 2014, at 7:57 PM, "Dr. Munish Raizada" <pedia333@gmail.com>
> wrote:
>
>> In view of the knowledge that medical sciences provide us about
>> homosexuality, we need to accommodate our views on the matter a bit
>> leniently. It would be imprudent to take extreme stand.
>> Here is my write up on this that will appear in newspapers in coming
>> week:
>>
>> Gay Rights Resolution at the UN: India abstains
>>
>> While Indian Prime Minister is in USA, the Pakistani Prime Minister Nawaz
>> Sharif – as if to stymie the Indian head's visit- raked up the issue of
>> Kashmir at the U.N. Speaking in New York at the United Nations- coinciding
>> with Modi's arrival in New York- Pakistani premier demanded that
>> Kashmiris have the right to self-determination. However, Mr. Modi played
>> cool next day during his speech at the U.N. and raised the issue of
>> terrorism with direct reference to Pakistan.
>>
>> In the midst of all this, an important decision by India at the United
>> Nations did not catch the media attention. On the same day that Indian
>> Prime Minister arrived in USA, India decided to abstain from voting on the
>> resolution passed at the U.N. supporting the gay rights. On September 26,
>> 2014, the UN passed a resolution opposing discrimination and violence
>> against members of LGBT (lesbian, gay, bisexual, and transgender)
>> community. The United Nations Human Rights Council put a motion condemning
>> violence and discrimination on the basis of sexual orientation or gender
>> identity. The resolution was passed by 25-14 votes. USA, Germany, France,
>> UK, Japan, South Korea and South Africa supported the resolution, while
>> many member countries of Organization for Islamic Cooperation (OIC)
>> including Saudi Arabia, Pakistan and UAE voted against the motion. Saudi
>> Arabia was particularly fierce in its opposition to the rights for gays,
>> and called it "an attempt to impose uniculturality" that "runs counter to
>> religious and cultural practices in some countries".
>>
>> World's largest democracy that India is, by abstaining from this
>> resolution missed an opportunity to stand for the rights and dignity that
>> gay people have been demanding. With the advent of medical science, the
>> perception about homosexuality needs to change. However even if society
>> has difference of opinion on homosexuality, most will agree that the gay
>> community should not be subject to ridicule, discrimination and violence
>> just because of their sexual orientation.
>>
>>
>>
>> Munish K Raizada, MD, FAAP
>> Board Certified Neonatologist
>> Chicago, USA
>> Phone: USA: 1- 217 720 9331 ; India: 098737- 03054
>> Skype: munish.raizada
>> www.MunishRaizada.in
>> Follow me at:
>> Face-Book Twitter LinkedIn
>> My FB Page
>>
>>
>>
>>
>> On Wed, Oct 1, 2014 at 2:21 AM, Gaur J K <gaurjk@hotmail.com> wrote:
>> 1/10/14
>>
>> Dear Mr. Joshi,
>> I fully support your views.
>> S. Roy is a man of extreme views. Some times I wonder if this is not for
>> eliciting extreme reactions.
>> He is vehimently opposed to foreign influences in matters of finance and
>> governance but seem to embrace them in matters of morality ,ethics, family
>> and societal structure.
>> Perhaps his stated position on secularism is compelling him to support
>> homosexuality.
>> Possiblly also because all religious groups-Hindu,Muslim,Christians are
>> opposed including Baba Ramdev.
>> Then why S. Roy is opposed to Pornography?
>> Is all this not under the influence of US and European culture?
>> Is S.Roy justifying under the human rights umbrella and personal choices?
>> All these concepts are foreign to India.
>> Please alsoremember there is a very thin line between liberty and
>> libertine and freedom and anarchy.
>> Regds
>> JKGaur
>>
>> From: naishadhjoshi@gmail.com
>> Date: Wed, 1 Oct 2014 07:37:38 +0530
>> To: indiaresists@lists.riseup.net
>> Subject: Re: [IAC#RG] IAC's position on homosexualtity
>>
>>
>> Hi Sarabjit,
>>
>> Greetings.
>>
>> You have proposed exactly what is opposite to charter of IAC and also very
>> character of Indian culture. You in person are known for your
>> idiosyncratic integrity of thoughts. I don't know how you fell for his
>> lackadaisical approach.
>>
>> You are proposing to breed corruption of thoughts in worst putrid manner.
>>
>> You are proposing to expedite decomposition of Indian society with
>> clinical accuracy.
>>
>> You are doing so in the name of freedom of choice, that is exactly what is
>> corrupt & depraved.
>>
>> Next you will canvass freedom of polygamy. Lowering age for marriage and
>> permitting what is now called child marriage. Next you will propose
>> abortion for unmarried women. You will also propose to legalise bestiality
>> as beasts do not have right of consent while men have freedom to choose
>> mode of sensual pleasure. Next you will propose non-penetrative sex even
>> with children. You can have freedom of sexual demonstration in public as
>> time & place of deriving pleasure cannot be regulated by law which will
>> according to you will be inconveniently restricting freedom of choice of
>> consenting adults. Lackaday! group sex is most certainly freedom of
>> collective choice of consenting adults. Wake up IAC!
>>
>> 28 countries have suddenly amended their laws to permit homosexuality. Why
>> sudden burst everywhere? It is a sponsored centrally funded project to
>> globally eradicate present marriage institute which legitimise birth of
>> child from copulation between man & wife which called parentage. If child
>> embryo is to be manufactured in laboratory and marketed as per customised
>> needs, present marriage laws must go for good. Marriage between man &
>> woman is root cause of non-marketability of assembled embryo at large
>> scale. Surrogacy marketing has crystallised this much. In 2040, these
>> laboratories will come in forefront when we all will finally realise our
>> freedom of choice was abused in worst manner for destroying structure of
>> society by taking down its pylon of marriage just for the sake of
>> profiteering from factory production of human/living embryo duly
>> tailor-made per choice.
>>
>> What people get by natural copulation free of charge in marriage, for the
>> same thing, people cannot be compelled to shell out large sums of money
>> for the same thing - conceiving child.
>>
>> For total chaos, What you have proposed will be bedrock.
>>
>> Enjoy the corporate planning for 25 years.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> On 30 September 2014 15:54, SURESHAN P <sureshandelhi@gmail.com> wrote:
>> Completely agree with this proposal, Freedom of an individual is utmost
>> important and government has no role to curtail it unless and until
>> enjoyment of freedom interfere with others freedom"
>>
>> Further, prostitution is required to be legalized and regulated, This
>> will save many sex workers from police atrocities and forced sex. Even
>> regularized prostitution will give a right to every sex worker to live
>> freely and fearlessly and they are not required to work just like a bonded
>> labor under a pimp or brothel managers.
>>
>> These are all much needed law amendment
>>
>> regards
>>
>>
>>
>> On Tue, Sep 30, 2014 at 9:44 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>> Dear Raminder,
>>
>> Seriously, for a long time I have been wondering if IAC should settle
>> its policy on "unpopular" issues like homosexuality, birth /
>> population control in the same way that we have an unpopular position
>> on "right to own and bear arms".
>>
>> In keeping with the clauses in IAC's charter on inclusiveness,
>> diversity, secularism etc. I propose a sense of the house motion on
>> the following lines.
>>
>> "That India Against Corruption supports the freedom of every person
>> resident within the territory of India to explore all forms and
>> variations of consensual sexual practices, and marry irrespective of
>> gender. That accordingly laws like Indian Penal Code and Special
>> Marriage Act etc. require to be amended."
>>
>> Sarbajit
>>
>>
>>
>> On 9/30/14, Raminder Singh <ramisingh.bbc@gmail.com> wrote:
>> > Sarabjit
>> >
>> > Good One :)
>> > And here's another :-
>> >
>> > The RSS, VHP and Vatican all have something in common. Being being
>> > mostly
>> > practicing closet homosexuals, they all denounce homosexuality in
>> > public.
>> >
>> > Rami
>>
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>>
>>
>> --
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>> P. Sureshan,
>> Advocate-on-record, Supreme Court Of India,
>> NLC( India ) Law Office
>> No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph:
>> 9818083219,8802797432,01132081075
>>
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>>
>> --
>> Best Regards,
>> -Joshi NM
>>
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>