Baba Ramdev set to challenge HC verdict legalising gay sex

Baba Ramdev set to challenge HC verdict legalising gay sex

'The decision of the HC, if allowed to sustain will have catastrophic effects on the moral fabric of society.'

Yoga guru Baba Ramdev will be approaching the Supreme Court on Wednesday challenging the Delhi High Court judgement legalising gay sex among the consenting adults.

The petition is likely to be filed tomorrow, lawyers associated with Ramdev said. Lawyers Suresh Sharma and Gandharva Makker said the petition assailing the High Court verdict was to be filed on Tuesday but was delayed due to "unavoidable circumstances".

They said the yoga guru has challenged the July 2 judgement contending that homosexual activities are not only against public morality, public health and healthy environment but also against the interest of the society.

"...homosexual activities which are otherwise unnatural there is high risk of exposure of a large chunk of population to dangerous sexually transmitted disease including HIV/AIDS," the petition, likely to be filed, said.

"The decision of the High Court, if allowed to sustain will have catastrophic effects on the moral fabric of society and will jeopardise the institution of marriage itself. This offends the structure of Indian value system, Indian culture and traditions, as derived from religious scriptures," it said.

Ramdev, quoting Spanish psychiatrist Enrique Rojas, contended that homosexuality is a disease that is curable.

"It can be treated like any other congenital defect. Such tendencies can be treated by yoga, pranayam and other meditation techniques," he said in the petition.

The High Court, in a landmark verdict, legalised gay sex among consenting adults, which was earlier an offence under Section 377 of Indian Penal Code with punishment up to life imprisonment.

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Gay Couples Adopting Children Make them GAY Child ??????

When homosexuality was decriminalized by the Delhi High Court five months ago, the government didn't oppose the decision, winning points for finally recognizing basic rights of sexual preference and identity.

But now, one of the government's own agencies is trying to stop gay couples from adopting children.  In a new set of guidelines, the Central Adoption
Resource Agency  (CARA), which regulates adoptions, says that same sex couples should be banned from adopting.

That's caught the gay and lesbian community off-guard. Once homosexuality was decriminalized, adoption was seen as the next step.  Being eliminated purely on the basis of their sexual orientation smacks off homophobia, some say.

"What is wrong with gay people adopting? What are they afraid of? Are they afraid the children will turn gay? Don't they know one cannot turn gay by external influences and that it's inherent? A lot of gay people even without partners would like to adopt so they have a family of their own, "asks Nitin Karani, a gay rights activist.

Harish Iyer, an Events Manager in Mumbai, adds, "One day or the other I see myself settled with or without a guy. But I would definitely like to have a child." Unlikely if the current proposal goes through.

The law may have changed, he says, but clearly attitudes, even among those shaping policy, remain outdated.

SC issues notices to Centre, Naz Foundation on homosexuality

SC issues notices to Centre, Naz Foundation on homosexuality

The Supreme Court issued notices to the Union Government and the NAZ foundation on a petition filed by former Uttar Pradesh DGP and senior VHP leader B P Singhal, challenging the Delhi High Court judgement decriminalising homosexuality.

Mr Singhal, the elder brother of VHP leader Ashok Singhal, in his petition has contended that legalising homosexuality between two consenting adults and recommendations of the High Court to the government to make suitable amendments in Section 377 of the IPC goes against the cultural ethos of Indian society. It will encourage sexual corruption in the society and also violate the law of nature, he said.

The apex court, however, refused to pass any order on the plea for a stay of the impugned order.

The Delhi High Court in its judgement dated July 2, 2009 had decriminalised the sexual act between two consenting same sex adults.

Petitions filed by Yoga Guru Baba Ramdev and an astrologer Suresh Kumar Kaushal are already pending in the Supreme Court.

Singhal petition will also be heard along with other petitions.

The Union Government is, however, not opposing the High Court judgement.

Should Prostitution be legalised or decriminalised?

Will legalising prostitution, an issue raised by the Supreme Court, end the exploitation of thousands of women pushed into the flesh trade and help curb the spread of HIV or would it be better to decriminalise it?

On Wednesday, Justices Dalveer Bhandari and A.K. Patnaik of the apex court told Solicitor-General Gopal Subramaniam on the matter of prstitution that "when you say it is the world's oldest profession and when you are not able to curb it by laws, why don't you legalize it? You can then monitor the trade, rehabilitate and provide medical aid to those involved."

Kerala Education and Culture Minister M.A. Baby said there are countries that have legalized the world's oldest profession "but in a place like ours which has a rich cultural ethos, this certainly cannot happen".

"In order to tackle HIV, basic education has to be provided to all with special emphasis on adult education at the Plus 2 levels. The present employment guarantee scheme should also be spread across the length and breadth of the country. Child marriages should not take place and land reforms should be undertaken," Baby told IANS.

S.K. Harikumar, behavior physician and a leading consultant in HIV/AIDS, said that legalizing and decriminialisation are two different issues.

"As far as I see this, decriminalization of multi-partner sex among both males and females should take place. This should no longer be a criminal act. The right to privacy in sexual acts, urges and desires should be vested with the individual. Legalising this will in no way guarantee anything," Harikumar said.

According to the latest figures, Harikumar said there are more than 55,000 prostitutes in Kerala and the pattern over the years is that it has been showing consistent growth.

Fr Paul Thelakat, spokesperson of the Syro Malabar Catholic Church in Kerala, said there is no guarantee that HIV can be eradicated by legalizing prostitution but would instead aggravate it.

"We are living in a world where man and woman are equal with full dignity of a son and daughter of god. A nation must engage in greater efforts to help free women from the abuses against human dignity that result from prostitution. The state must not make prostitution a form of employment but provide other dignified employment opportunities," Thelakat told IANS.

Nalini Jameela, 56, who has been a sex worker since 1978, is in the news because of her Malayalam book, translated into English as "Autobiography of a Sex Worker", which sold 13,000 copies within 100 days of its release in 2004 and went through six editions.

Attending a conclave of sex workers in Bangalore, Jameela said she has to literally fight every day against the stigma attached to her profession. "We have done our best to be part of various other mainstream groups, but we are still stigmatised," lamented the author and sex workers' rights activist.

Nalini feels the biggest battle for her community is to make the profession legal. "Once our profession is legalised, nobody can harass us," Nalini told IANS.

"On one hand, police use force and violence against us. Society also discriminates against us because of our profession. All this violence and discrimination will end once our profession is legalised," she said.

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