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Sunday, October 06, 2019

Homosexuality law in India and Iran

Someone wrote to me : 'ईरान में तीन लोगों ने ज्वैलरी शोरूम लूट लिए और मालिक को मार डाला। सरकार ने उन्हें दुकान के सामने लटका दिया. 15 दिनों के भीतर न्याय.'

I wrote back : 'These admiring messages on summary justice and executions are generally forwarded by right wingers. Would they like india to be headed only by religious people, like iran ?

This kind of ‘justice’ is sharply criticized in the world though as it is not transparent, there is no proper defence available to the accused, and because of so many death sentences awarded. Only a few of the executions are public though, as a lesson, I suppose.

Sadly, over 6000 gays have been hanged since the Islamic revolution in 1979 as homosexuality is illegal in iran.. we have got to remember though that the ugly law that punished homosexuality by upto 10 years in prison was only outlawed in india 13 months ago !'

This person wrote back : 'Yes I know Modi Government is not opposed to homosexuality. This is a very progressive government.'

I wrote him back : 'History does not bear this out. Subramniam Swami and Ramdev (especially the former who issued vicious statements) were very vocal against homosexuality in 2013 when the Supreme court overturned the Delhi high court judgement which had decriminalized homosexuality.

Congress leaders including Sonia Gandhi, issued statements agains the Supreme court judgement.

Even in 2015, the Law Minister refuse to do anything to change the law. Subramaniam Swamy said the BJP’s position was that homosexuality was a genetic disorder. Modi maintained a studied silence.

In 2016, Narendra Modi tweeted out his condolences for the 50 people killed in the horrific shooting at an Orlando gay club. A lady called Rachita responded on twitter : "There's no point of giving "thoughts and prayers" to the families of the LGBTQ community in Orlando if you don't walk the talk. You have the power to ensure LGBTQ people in your own country don't get harassed, hurt, and criminalised by the state. You're quick to show solidarity with the victims of Orlando without acknowledging that your government is responsible for continuing hate speech against LGBTQ people. Where are you when your party members use hate speeches against the community? Stop with this "thoughts and prayers"--you are in a position to decriminalise millions of LGBTQ Indians and till the time you do that, you don't have a right to show solidarity with the community in Orlando."

His Govt. STILL did not do anything. Gay people kept on petitioning the Govt. with no response.

The Supreme Court judgement in 2018 decriminalizing homosexuality came on the petition filed in 2016 by these courageous people : dancer Navtej Singh Johar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri, and businesswoman Ayesha Kapur, wherein the petitioners argued that they had all been directly aggrieved because of Section 377, alleging it to be a direct violation of fundamental rights.

The only sensible role that the Govt. played was this : It abstained from the hearings and left the matter to the “wisdom of the court". BJP spokesperson did say that any decision on the matter "takes in sync with the jurisprudential developments on gay rights the world over would be welcome". In January 2018, the BJP's coalition partner, the Shiv Sena had supported legalisation of homosexuality.

The right-wing organisation Rashtriya Swayamsevak Sangh conveyed its agreement with the court's verdict as it didn't believe homosexuality was a crime, but did label the orientation as "unnatural". Congress issued a statement welcoming the ruling and remarked that the judgement should bring about "the beginning of a more equal and inclusive society".'

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