[Reader-list] urgent - protest against arrests under Section 377 IPC

[A Khanna]

hi all,

this is akshay, one of the new independent fellow types. this time
around i'll introduce myself as a queer activist - this is not my
'first posting' about my project, this is an invitation to a protest.

a few days ago a group of men were arrested in Lucknow for being
members of a gay internet group. the FIR claims that they were caught
having sex in a public park. the independent fact finding team
suggtests this is a fabrication, that this is a case of entrapment.
either way, this is the first time that Section 377 of the indian penal
code (which says that anyone who has 'carnal intercourse against the
order of nature' may be imprisoned for life - 'against the order of
nature' in 1860, when this law was framed, would have included using a
condom, but which today means anal or oral sex whether between people
of the same sex or of the 'oppostite' sexes)- has been applied to mean
that being homosexual is a crime. thus far the interpretation has been
that it criminalises particular sexual acts.

these actions of the police have significant implications for the queer
movements in india.

pasted below is an invitation for a protest taking place at noon on
thursday. please try to make it and forward it to other people...i
think there are issues here that link up with concerns on many on this
list.

hope to see people there.

best,

akshay
....................
Protest against police atrocities under Section 377 in Lucknow

Date: Thursday, 12th January, 2006
Time: 12 noon
Venue: Outside UP Bhawan, 5, Sardar Patel Marg, New Delhi-21

WHY:

3rd January: four men were arrested in Lucknow for being a part of what
the Lucknow police called a “gay racket” and charged under Section 377.
The arrests were made on the grounds that these persons are allegedly
members of an internet based service that enables gay men to meet other
like-minded persons.

In other words, these people have been arrested simply because they are
homosexual – something that is not a crime!

They have since been held in police custody and charged under Sec 377 –
an archaic British colonial law that criminalises adult, consensual
same-sex sexual behaviour and is currently the subject of a legal
challenge in the Delhi High Court. Yet even Sect 377 does not
criminalise being homosexual, but only certain sexual acts which were
NOT committed by any of the charged parties when they were arrested.
More importantly, the law violates the fundamental and human rights of
Indian citizens to freely take consensual decisions about their sexual
preferences and live lives free of violence and discrimination.

In the FIR Police have mentioned 13 more people's names and mobile
phone numbers, exposing them to discrimination and harm in their
personal and professional lives and fundamentally violating their
privacy.

Other sources indicate that the FIR does not contain all the facts
behind the arrests. Family members of one of the arrested parties have
reportedly said that he was illegally detained by the police days
before the other three and was taken away for interrogation.

The police have stepped outside of the law and have violated the
fundamental right to life and liberty under Article 21 of the
Constitution.

This has created fear and panic in the Queer community in Lucknow -
many people have gone underground and this has severely damaged the
outreach work of NGOs providing HIV/AIDS/sexual health services to
homosexual/bisexual men in Lucknow.

The actions of the Lucknow police are in direct contravention of the
government’s own National AIDS Control and Prevention Policies, the
objective of which is to create an enabling environment by protecting
the human rights of marginalized sexualities.



WE DEMAND

§	Immediate release of the arrested people and to drop all charges.
§	Immediate suspension of Police Officials involved in these arrests.
§	Punishing the guilty Police Officials after conducting an immediate
enquiry for their illegal and unconstitutional actions including
keeping people in illegal detention, filing false charges and for
violating 'Right to Privacy'.
§	UP Government to take urgent steps to protect human rights and to stop
moral policing
§	Complete implementation of the NACO policy recommendations to ensure
effective HIV/AIDS outreach with men who have sex with men in an
environment free of discrimination
§	Repeal Section 377 of the Indian Penal Code as it serves as a tool for
the police to harass the sexuality minorities


Voices Against 377 is a coalition of Delhi based groups working on
women’s rights, human rights, child rights and the rights of same sex
desiring people including lesbian, gay, bisexual and transgendered
people. This group seeks to draw public attention to section 377 of the
Indian Penal Code, 1860 – the law that penalises “carnal intercourse
against the order of nature” and effectively criminalises same-sex
sexual activity between consenting adults, in private. It is a colonial
law that has given legitimacy to gross and sustained human rights
violations against lesbian, gay, hijra, transgender and bisexual
people, thus negating the constitutional claim of equal citizenship and
protection for all.