Saturday, 3 October 2009
Friday, 2 October 2009
Section 377 > 15-yr-old held for sexually abusing minor boy
Chandigarh A 15-year-old boy was arrested on Thursday for allegedly sexually abusing his eight-year-old neighbour in Palsora village.
The accused was arrested under Section 377 (unnatural offences) and Section 506 (criminal intimidation) of the IPC and sent to a juvenile home. According to the police, the incident took place around 11 pm on Wednesday when the accused took the victim to the terrace on the pretext of playing.
Fearing stigma, the boy kept weeping and finally disclosed the incident to his mother after much persuasion.
The accused boy, who was present in the house at that time, was then beaten by the neighbours when the victim’s mother raised a hue and cry.
Meanwhile, the police was called in and the minor boy arrested.
The victim was rushed to the Sector-16 Government Multi-Specialty Hospital where he was given medical aid after examination.
The accused was later produced before the magistrate and sent to a juvenile home.
Wednesday, 30 September 2009
ISTANBUL POLICE IS HUNTING TRANNIES AND TRANSSEXUALS ??
Trannies became a bonus object for Istanbul Police. Ebru Kiranci and Demet Demir now are walking fearfully along Istiklal Street. Because the cops around may fine them any moment for being a “man wearing female clothes".
“One time I was in a hairdresser and they got me out and took to the police station. They fined me for disturbing the people as 35€ according to the new Turkish Misdemeanor Law. Another time, I had bought meat and bread and was walking to my home, and they fined me again ! And last week, I got 2 fines in one single day. I did not sign some of the fines and signed some. I am really scared from them. They use violence and threaten me to inform our families about our situation. Now we are afraid of getting out.”
A tranny is describing her fears and the pressure upon her as above. And what’s more, she is not the only one who is under oppression. Trannies and transsexuals are worried and terrified. For the last two months, especially in Beyoglu and Sisli districts the trannies are even fined in daily living environments; while getting out from the bakery, while going to the grocery, at the hairdresser' s and etc.
The Non-Profit Social Society Organization of Istanbul Gay, Lesbian, Bisexual, Transsexual and Trannies (LGBTT) is preparing to file a criminal complaint against the courts. The Association also alleges that the new system in Istanbul Police Department of “earning Point (scores) per issued fine and the number of lawbreaker being caught” increases Istanbul Police’s violence against the trannies to get more “Bonus”. This bonus system has begun with the assignment of Mr. Huseyin Capkin as the Director of Istanbul Police Department by Recep Tayyip Erdogan..
‘We are scared to get out the streets ”
Clearing up Izmir and being promoted to Istanbul after Mr.Cerrah (the previous Istanbul Police Director) was sent to another city as a Governor (although he was very poor in his job), the Chief Police Officer of Istanbul Mr.Huseyin Capkin has already made quite a name for himself in his new town with this extraordinary bonus system.
A list of Capkin’s talented success during his time in Izmir is what is next in our agenda and we will discuss them later on...
However, we should give you some tips about him for now. Sir Capkin was an intolerant Turkish “battle hero” especially against Kurds and trannies who himself had sworn to clear Izmir from this pile of “shit”. By the way, Capkin means “Playboy/Womanizer” in Turkish.
In his period, Izmir Police were reaching for their guns and opening fire whenever they want and either were killing or injuring people. I hope you do not think that Cerrah was sent and a better Chief Police Officer was appointed for Istanbul who is more sensitive about human rights and has a modern personality. Or do you ?
Capkin’s bonus system that is based on performance of Istanbul Police as writing fines and catching everyone around as a potential criminal turned into a psychological violence against trannies and transsexuals. The number of people who got fines according to the 37th article of Misdemeanour Act of Turkish Criminal Laws which is “disturbing others in the streets for selling goods or services” is increasing day by day.
We already know that Mr. Capkin is very successful indeed to suppress the trannies and transsexuals in Izmir. Now Istanbul Police will get extra incentives besides their salary each month for the each fine he issues against the trannies. This is surely increasing the homophobia in the society.
The aim is to isolate the trannies from the rest of the people and make their lives miserable. To exile them from the daily life…We surely know this type of brutality shown against the minorities from the past and current wild Fascist regimes.
Ebru Kıranci from LGBTT Society is saying that trannies and transsexuals are ruthlessly seen by Istanbul Police as a bonus for themselves after the “Point Winning” implementation initiated by Mr. Capkin and she asserts some impressive claims such as below ;
“Most recently, they took out a friend of us from the grocer’s. In the past, they used to take us when we hitchhike at nights on the main roads as per the famous Misdemeanour Law forbids. But now they take us into custody in our daily lives. Our right of living is permanently taken away from us. Now we are scared totally to go out in the streets even in daytime.. We try to change our way on the streets when we see the cops ahead. They fine us as per the 37th article, but our trannies do not walk in the streets in daytime with the clothes they work at night. Many of our friends are taken from side and back streets, but police officers write the name of Main Street on the fine as if they caught us at the main street. These fines were used to be issued at night while we are hitchhiking. “
http://vod.cnnturk. com/cnnturk/ haber/24. 02.2009/taksicil er_eylem_ kavga.wmv
Nine fines to a person
It didn’t use to happen daytime like now. Most of our friends do not have any social security. Nor they have money... I know a person who was fined for nine times. I am wearing a long sleeve shirt at this hell hot weather. I cannot wear a short sleeve or a strappy blouse because of my fear from the cops.”
Demet Demir from the same Organization is claiming that the cops were telling them (while writing their fines) “Soon, you will not be able to walk even on this Istiklal Street” which is a main shopping and closed to traffic street in the district of Taksim known for preserving more free lifestyles compared to our parts of Istanbul.
“Many friends are psychologically sick. They are now imprisoned at home. Is walking on the street or shopping a crime in a free world ? One day, they have fined two friends.. And the cops have written on the fine as describing the crime “men wearing female clothes.” After our Ramadan holiday is over (ending on Sep 23), we will file a criminal complaint to the Attorneys General (Prosecution Office) about both Capkin and the police officers who issued us fines.
They are threatening
One of the trannies who got a fine is a 51 year old Ebru who lives in Beyoglu. She is describing her experiences with this nickname because she is still scared :
“One time I was in a hairdresser and they got me out and took to the police station. They fined me for disturbing the society as 35€ according to the Misdemeanor Law. Another time, I had bought meat and bread and was walking, they fined me again. At some occasions, they even fined me twice in a day. I did not sign some of the fines and signed some. They terrified me. They use violence and threaten to inform our families about our situation. Now we are afraid of getting out. We do not disturb the people, on the contrary, the police do.”
Çapkın and the ones like him do not want to see them. Do you think a happier and more humanly life is waiting for us when they remove those people from the streets and we are left alone as isolated from those colours of life ?
Aditya Bondyopadhyay
Advocate
(Regd. No. F-218/192 of 1997)
Bar Council of W.Bengal, India
Section 377 > Kamat,26 Arrested For Raping a Female dog <
Wednesday, 23 September 2009
Homosexuality Will Be should be severely Punished by the LAW ????
What could cause the Darul Uloom Deoband and the Jamiat Ulema-e-Hind to join forces with the Vishwa Hindu Parishad? Answer: homosexuality, which
according to all of the above should be severely punished by the law. Sikh and Christian bodies are also negative about repealing the parts of Section 377 which criminalise homosexuality. Joining them is a motley group of godmen, astrologers, politicians and now even a child rights group, the Delhi Commission for Protection of Child Rights.
Such a grand alliance is bound to make any move to decriminalise homosexuality a political hot potato, even if that is what the Indian Constitution's guarantee of equal rights to all citizens demands. Not surprisingly the Union cabinet played safe and lobbed the ball back to the Supreme Court, when asked for the government's position on whether gay sex ought to be legalised or not, following landmark legislation by the Delhi high court which declared much of Section 377 unconstitutional.
When India, in general, is keen to protect minorities of all sorts, what is it about this particular minority the homosexual community that presents seemingly intractable problems? It's that homosexuals snap the bond between sex and procreation, invoking the spectre of individual pleasure that exceeds any collective, utilitarian ethic.
The interesting thing about Section 377 is that it outlaws not just homosexual behaviour, but most forms of heterosexual activity that even lawfully married couples engage in. The only kind the law permits is that with direct procreative potential. Canute-like, Section 377 attempts to lock sex into a utilitarian grid.
Historically, most societies have sought utilitarian control over sex. Religions, especially proselytising ones, would like to multiply their numbers. Thus the biblical injunction to go forth and multiply. Socialism enforces an all-embracing altruism. According to its calculus individual pleasure can open the floodgates to selfish bourgeois vices. That's why most communist countries brutally suppressed homosexuality. Ditto for fascist states. Authoritarian societies, in general, tend to see homosexuality as disruptive of social order and cohesion, a quality they prize above anything else.
Early industrial capitalism, too, would like to expand the labour force to multiply production and profits. That gives it an interest in encouraging procreative heterosexual behaviour and driving homosexuality underground. It's only in late 20th century, post-industrial capitalism predicated on consumption as much as it is on production that the equation begins to shift. With the modern consumer, individual pleasure matters and choice comes into play. Procreation and perpetuation of race/religion/society/nation aren't everything. Add to that the green imperatives of the early 21st century, and growing populations with expanding ecological footprints even begin to look menacing.
The principle of choice can also extend to sexual lifestyles. Homosexual activity has been around for ages. But the notion of 'lifestyle', a peg on which one hangs one's very identity, emerges only under modern consumer capitalism. One can 'consume' alternate sexualities. In that context the emergence of sexual minorities is a marker of ongoing globalisation. It's no accident that with liberalising and globalising tendencies washing up on Indian shores, the question of gay rights has come to the fore as well.
Take the gay pride parades which are being held in more and more Indian cities, reaching Bhubaneswar and Chennai this year. The annual parades are held in sync with similar events in cities across the world, and commemorate the Stonewall riots that took place in New York's Greenwich village in 1969. On June 27 of that year police raided the Stonewall Inn, a popular gay bar in the area. While such raids had been routine, on that occasion the crowds fought back and the neighbourhood erupted in riots and protests for the next few days. That event sparked the worldwide gay liberation movement. No wonder that Bhim Singh of the Jammu and Kashmir Panthers' Party describes the movement to legalise homosexuality as an "American invasion".
It's the 1960s that mark the shift to post-industrial capitalism, spurred by the global communications revolution which began that decade (causing Marshall McLuhan to quip, famously, that electronic technology was contracting the world into a "global village"). According to social thinker Anthony Giddens the communications revolution dating from the 1960s ushered in a more radical and thoroughgoing modernity than that of the Enlightenment, touching the core of private life and incorporating what he calls 'emotional democracy'. This is associated with the rise of new social movements that emphasise life politics (to do with private life) rather than emancipatory politics (to do only with public institutions).
When Vikram Seth and others wrote an open letter addressing the government and judiciary, urging the overturning of Section 377 which "punitively criminalises romantic love and private, consensual sexual acts", quite apart from the utilitarian value of combating HIV/AIDS, it's also the private rights of the citizen that they are concerned to defend. It's time for the state to treat Indian citizens as adults, moving away from the patron-client relationship preferred by our political and bureaucratic elites.
according to all of the above should be severely punished by the law. Sikh and Christian bodies are also negative about repealing the parts of Section 377 which criminalise homosexuality. Joining them is a motley group of godmen, astrologers, politicians and now even a child rights group, the Delhi Commission for Protection of Child Rights.
Such a grand alliance is bound to make any move to decriminalise homosexuality a political hot potato, even if that is what the Indian Constitution's guarantee of equal rights to all citizens demands. Not surprisingly the Union cabinet played safe and lobbed the ball back to the Supreme Court, when asked for the government's position on whether gay sex ought to be legalised or not, following landmark legislation by the Delhi high court which declared much of Section 377 unconstitutional.
When India, in general, is keen to protect minorities of all sorts, what is it about this particular minority the homosexual community that presents seemingly intractable problems? It's that homosexuals snap the bond between sex and procreation, invoking the spectre of individual pleasure that exceeds any collective, utilitarian ethic.
The interesting thing about Section 377 is that it outlaws not just homosexual behaviour, but most forms of heterosexual activity that even lawfully married couples engage in. The only kind the law permits is that with direct procreative potential. Canute-like, Section 377 attempts to lock sex into a utilitarian grid.
Historically, most societies have sought utilitarian control over sex. Religions, especially proselytising ones, would like to multiply their numbers. Thus the biblical injunction to go forth and multiply. Socialism enforces an all-embracing altruism. According to its calculus individual pleasure can open the floodgates to selfish bourgeois vices. That's why most communist countries brutally suppressed homosexuality. Ditto for fascist states. Authoritarian societies, in general, tend to see homosexuality as disruptive of social order and cohesion, a quality they prize above anything else.
Early industrial capitalism, too, would like to expand the labour force to multiply production and profits. That gives it an interest in encouraging procreative heterosexual behaviour and driving homosexuality underground. It's only in late 20th century, post-industrial capitalism predicated on consumption as much as it is on production that the equation begins to shift. With the modern consumer, individual pleasure matters and choice comes into play. Procreation and perpetuation of race/religion/society/nation aren't everything. Add to that the green imperatives of the early 21st century, and growing populations with expanding ecological footprints even begin to look menacing.
The principle of choice can also extend to sexual lifestyles. Homosexual activity has been around for ages. But the notion of 'lifestyle', a peg on which one hangs one's very identity, emerges only under modern consumer capitalism. One can 'consume' alternate sexualities. In that context the emergence of sexual minorities is a marker of ongoing globalisation. It's no accident that with liberalising and globalising tendencies washing up on Indian shores, the question of gay rights has come to the fore as well.
Take the gay pride parades which are being held in more and more Indian cities, reaching Bhubaneswar and Chennai this year. The annual parades are held in sync with similar events in cities across the world, and commemorate the Stonewall riots that took place in New York's Greenwich village in 1969. On June 27 of that year police raided the Stonewall Inn, a popular gay bar in the area. While such raids had been routine, on that occasion the crowds fought back and the neighbourhood erupted in riots and protests for the next few days. That event sparked the worldwide gay liberation movement. No wonder that Bhim Singh of the Jammu and Kashmir Panthers' Party describes the movement to legalise homosexuality as an "American invasion".
It's the 1960s that mark the shift to post-industrial capitalism, spurred by the global communications revolution which began that decade (causing Marshall McLuhan to quip, famously, that electronic technology was contracting the world into a "global village"). According to social thinker Anthony Giddens the communications revolution dating from the 1960s ushered in a more radical and thoroughgoing modernity than that of the Enlightenment, touching the core of private life and incorporating what he calls 'emotional democracy'. This is associated with the rise of new social movements that emphasise life politics (to do with private life) rather than emancipatory politics (to do only with public institutions).
When Vikram Seth and others wrote an open letter addressing the government and judiciary, urging the overturning of Section 377 which "punitively criminalises romantic love and private, consensual sexual acts", quite apart from the utilitarian value of combating HIV/AIDS, it's also the private rights of the citizen that they are concerned to defend. It's time for the state to treat Indian citizens as adults, moving away from the patron-client relationship preferred by our political and bureaucratic elites.
Tuesday, 22 September 2009
Christians Muslims oppose move to legalize gay behavior ??????
Christians Muslims oppose
move to legalize gay behavior ?????????
India has an estimated 4.5 million homosexual men andthey form 86 percent of HIV/AIDS patients in the country
The Indian government is silent on the issue of supporting the Delhi High Court judgment legalizing homosexual acts between consenting adults.
On Sept. 17, the federal cabinet reportedly agreed not to oppose the July 2 High Court judgment, but leave it to the apex court to take a final decision on the controversial matter.
On June 28, federal Law Minister Verapppa Moily announced the government willingness to re-consider the 1860 British colonial law. The government then asked ministries dealing with law, health and home affairs to review it, he said.
Various religious groups representing Christians, Muslims and a section of Hindus had challenged the High Court verdict. The Delhi Commission for Protection of Child Rights had also raised similar concerns and filed a petition in the apex court against the judgment.
The court will hear the matter on October 1.
The government now seems reluctant to take a “pro-active” role on the issue lest it offends religious and other groups opposing the verdict.
The cabinet discussed a report, jointly prepared on behalf of the Home, Health and Law ministries. The report had endorsed the July 2 High Court judgment, saying it had merely legalized consensual activity among adult homosexuals.
“The High Court has merely read down Section 377 of the Indian Penal Code to the extent of decriminalizing consensual gay sex, and has not struck it down,” the report stated.
The cabinet has decided to ask the Attorney General to assist the Supreme Court to arrive at an opinion “on the correctness” of the High Court judgment, Information and Broadcasting Minister Ambika Soni told reporters after the meeting.
Some ministers had reportedly told the cabinet that there was no need for the government to take an independent view on the issue but leave matter to the Supreme Court.
Most ministers agreed with Urban Development Minister Jaipal Reddy’s reported contention that the government should wait until the Supreme Court gives its decision.
Reddy also has reportedly said the court might take a view contrary to the proposed government stand, which could annoy a section of society.
Another minister, Farooq Abdullah, reportedly objected legalizing consensual gay sex, stating it would have adverse impact on society as whole.
The colonial law criminalizing “carnal intercourse against the order of nature” has been used against a wide range of sexual behavior including homosexual behavior, with penalties ranging from 10 years’ jail to life imprisonment.
On Sept. 17, the federal cabinet reportedly agreed not to oppose the July 2 High Court judgment, but leave it to the apex court to take a final decision on the controversial matter.
On June 28, federal Law Minister Verapppa Moily announced the government willingness to re-consider the 1860 British colonial law. The government then asked ministries dealing with law, health and home affairs to review it, he said.
Various religious groups representing Christians, Muslims and a section of Hindus had challenged the High Court verdict. The Delhi Commission for Protection of Child Rights had also raised similar concerns and filed a petition in the apex court against the judgment.
The court will hear the matter on October 1.
The government now seems reluctant to take a “pro-active” role on the issue lest it offends religious and other groups opposing the verdict.
The cabinet discussed a report, jointly prepared on behalf of the Home, Health and Law ministries. The report had endorsed the July 2 High Court judgment, saying it had merely legalized consensual activity among adult homosexuals.
“The High Court has merely read down Section 377 of the Indian Penal Code to the extent of decriminalizing consensual gay sex, and has not struck it down,” the report stated.
The cabinet has decided to ask the Attorney General to assist the Supreme Court to arrive at an opinion “on the correctness” of the High Court judgment, Information and Broadcasting Minister Ambika Soni told reporters after the meeting.
Some ministers had reportedly told the cabinet that there was no need for the government to take an independent view on the issue but leave matter to the Supreme Court.
Most ministers agreed with Urban Development Minister Jaipal Reddy’s reported contention that the government should wait until the Supreme Court gives its decision.
Reddy also has reportedly said the court might take a view contrary to the proposed government stand, which could annoy a section of society.
Another minister, Farooq Abdullah, reportedly objected legalizing consensual gay sex, stating it would have adverse impact on society as whole.
The colonial law criminalizing “carnal intercourse against the order of nature” has been used against a wide range of sexual behavior including homosexual behavior, with penalties ranging from 10 years’ jail to life imprisonment.
Gay rights groups in India have campaigned for years for a repeal of the law, saying homosexuality is not a perversion and the state has no business in regulating sexual affairs between consenting adults.
Christian and Muslim groups oppose the move saying homosexuality is against India’s culture and social mores.
India has an estimated 4.5 million homosexual men and they form 86 percent of HIV/AIDS patients in the country, Catholic Secular Forum, a Mumbai-based group, says. It warns that homosexual behavior would increase if it were legalized, and encourage “manipulative, dominating, coercive, under age and unsafe sex.”
India is one of the few secular democracies in the world that still criminalizes homosexual acts. Other states that do are mostly Islamic or authoritarian regimes. China lifted its ban in 1997
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