Dear Mr. Zameer,
I know that you are a German and Germany is quite open to homosexuality. But you are living in India and I expected you to know the difference between Germany and India in the matter of homosexuality. Homosexuality in India is totally unacceptable as of now. It is considered as the most shameful thing on earth in India. Nothing is as shameful as being a gay in India. Even committing a murder is not considered so shameful. A person who has committed a murder refuses to accept it only since he is afraid of the law and he doesn't want to go to jail. If we assure a person who has committed a murder that the law will not catch him, he will accept it without much hesitation. However, an Indian gay man will never accept it in his life. This remains a secret throughout the lives of most Indian homosexuals and it burns with them in their pyre. Since you are living in India and you are in close contacts with Indian gays, I expected you to know this, even though you are a German.
The coming out process for Indians, due to this reason, is very carefully thought, is slow, and gradual. Since Indian Media, print and electronic, has, of late, started giving a little exposure to homosexuality, some young gay boys have started acting brave and they have started disclosing. But their method remains slow and gradual. First they tell to their parents at a time when their parents start forcing them for marriage. At that time they do not even tell to their brother and sisters. They just tell their father and mother.. The parents, normally, do not accept their alternate sexual orientation and mostly they make even more hurry to marry them off. In the best case, they consult a psychiatrist. To tell you a startling truth, most Indian doctors and psychiatrists are unaware of medical facts about homosexuality and they try to 'treat' the gay man or woman and convert them to a heterosexual. They suggest to the gay man that he should try to have sex with a girl (I can give published proof of this). Some ask the gay man foolish questions like whether he has an erection. They ask most foolish questions and suggest stupid remedies and try to convert a gay man into a straight man.
When the Indian psychiatrists find that their remedies are of no help, or, when the gay boy refuses to accept their advices (probably since he is fully aware of medical findings about homosexuality and he has gone to the psychiatrist only because he is obedient to his parents), then they ask many more questions from their 'patient'. By doing this, they actually try to learn about homosexuality, something which they should have studied in their degree course of medicine, and not through their patients.
Once Indian gay men have revealed to their parents, they confide in their very close friends and some other persons who are educated and supportive. What I mean to say is that it is a slow and gradual process.
There are some Indian young homosexuals who have revealed to their family members but not to anybody else. Some have revealed it to their parents and close friends but not to others. There are several categories of gay persons on this account. Everybody acts as per his own situation and circumstances. I cannot and should not force even to my own gay life-partner, if I have one with whom I am having a secret matrimonial relationship and with whom I am living in the same house, that he also discloses to his parents simply because I have disclosed to mine. It should be his own decision.
Married gay men in India will never disclose to anybody. If their wife knows about it, which is very infrequent not only for pure gays but even for bisexuals, you can be sure that she has caught him having sex with a man or one of his earlier sexual partner revealed it to her because he could not blackmail him (I am a very rare exception. I, one fine morning, went on this adventure on my won and for this I am probably repenting for last five years).
You say that the gay men in that party lost a great opportunity to come out. In my opinion, they have not. Such opportunity you can create in a single moment. Just two gay men can go to a public place and start acting indecently and try to have sex in a city park. The police will invariably arrest them, and then they, as per you, should come out. This does not happen.
I am sorry to use bad words for you but your mail was so impractical that I did not know how to respond otherwise.
Now I will come to the question which you have asked. But before I answer, please understand that even if I did not have any suggestions for a better acceptability for us in India, your method of coming out is impractical and I will not suggest this to anybody.
It is true that Govt. of India (GOI) will not easily work on my plans which I suggested in my previous mail. With a very very great difficulty, it is unwillingly agreeing now to just remove 377. This too, because it is having pressure for this from almost whole of the world and it has several other compulsions to do this, one of them being AIDS prevention. What I am suggesting is that the GOI should strive for homosexuality to surface out. This is exactly opposite of what GOI's objective is. GOI will never like to allow this, even after it is forced to remove 377. GOI has an unwritten, but very strong, law that homosexuality should flourish as a hidden an underground sub-culture in India and it should never surface out. GOI enforces this unwritten law with an iron fist through several written laws and it is ready to pay any price for that. Don't you think that GOI knows that up to 90% of Indian gay and bisexual men are married with women which means that GOI has ruined the lives of crores (1 crore = 10 million) of women? GOI also knows that almost 100% Indian lesbians are married with men, which means that their husbands, who are heterosexuals, practically get no happiness in their married lives; they just rape their wives every night. The GOI happily pays this price, only because its objective that homosexuality should not be visible in the society is met. This situation can be corrected only by allowing homosexuality to surface out and by creating acceptability of gay men and women in the society. There is no other way. But GOI will not do this. In fact, GOI forces gay men and women to marry (I can prove this).
Knowing this, how should be force GOI to do what I want?
Fortunately, in our country, we have judiciary which can order GOI to correct the situation if GOI violates the constitution. Indian Judiciary was purposely created as the third organ of democracy to keep a check on the first two democratic organs, i.e., the parliament and the government. It was felt that the situations might occur in which GOI and the parliament, due to their compulsion of remaining popular among the majority class, will violate the fundamental rights of minority classes. This will be a situation in which minority classes will go into slavery of the majority class. This is unacceptable in a democracy. Therefore, judiciary was given powers higher than even Indian Parliament when it comes to protecting the constitution. Judiciary has a power to scrutinize any law made by the parliament to ensure that the law does not violate the constitution. Similarly, judiciary also has a power to order the Indian parliament to make a law which is necessary for protecting the constitution. The parliament works on majority and makes the laws by majority voting which may not protect the rights of minorities. On the contrary, judiciary works on logic and the principle of natural justice and protects the minorities from the atrocities of the majority. Judiciary has the power to order the government to make a law which protects the rights of just one citizen even if it is against the wishes of remaining one billion population, provided the principle of natural justice is satisfied.
Our acceptability in the society is our fundamental right enshrined in the constitution and GOI is violating it.
Actually, it was the duty of Indian judiciary to take suo-moto (On their or its own initiative, without external prompting or explicit demand) cognizance of this situation and act against it. But Indian Judiciary has not done this. It has failed in doing its duty. It was expected that Indian Judiciary will rise to the occasion and to its stature, and take corrective action. So far Indian Judiciary has only acted as a subordinate and follower of the Indian parliament. Indian Judiciary has also acted only on the principle of majority. The case of Naz Foundation in Delhi High Court is one of the clear examples of this. The Law Ministry and Home Ministry repeatedly kept saying in the court that they cannot remove 377 since Indian society is not yet ready for homosexuality. These ministries even said that Indian society has so much hate for homosexuality that it is sufficient to describe it as a crime in India. The Delhi High Court never scolded these ministries on this argument. The Court should have become furious on such talks and should have thrown away their rejoinder which they had sent to the court. On the contrary, when Health Ministry supported the petition of Naz Foundation and, thus, the opinions of different government ministries were different on the issue, the High court asked them repeatedly to discuss the issue among themselves and give a single opinion to the court. What was the need to do this? That the government gives a single opinion and the court will give the same opinion as its verdict? There are many such examples which show that presently, the judiciary is also working as the parliament.
We will have to wake up the Indian Judicial system which is presently sleeping. We should tell it to stop working as a subordinate to indian parliament. And we should make extensive use of our judicial system to get our rights.
The judicial system, however, works on evidence. It does not accept the presumptions. It needs concrete data and facts. If we simply say in the court that the law permitting heterosexuals to marry but not permitting homosexuals to do so is a violation of the right to equality, the court will not act. In spite of the fact that the medical science has already declared in 1973 that homosexuality is not a mental disorder and therefore the homosexuals should be allowed to marry, the court will not listen to us. We should understand that the courts also work on tradition and precedence and not necessarily on the sound principles of law. The courts also give their verdicts on sentiments and emotions and not necessarily on logic. In this case, the court will simply pull out a few words from the dictionary, make a few sentences which will be grammatically correct, and announce its verdict on the basis of these sentences. It has happened in the past and can, rather will, happen in this case also. Please remember that the judge will also be a human being and he will be a heterosexual Indian, having extreme hate for homosexuals. He will try to dissmiss the case by his best ability. In a normal case in which two people fight on some grounds, the objective of the judge is to find whose grounds are correct and more reliable. But in our case, the objective of the judge will be to find out how to reject the case.
I have, therefore, made a few plots for some public interest litigations. These plots are small plots. None of them can achieve our full objective. But they can bring us closer to our goal since they are based on concrete data and facts. Here are my plots:
1) Homosexuals die without any legal heir because the government has forbidden them to marry and, thus, have their own family. We can accuse that the government purposely wants this to happen so that it can take away everything that they earn through their hard work during their lifetime and use it for the benefit of heterosexuals. A fund is raised in India by a compulsory contribution deducted from the salary of government employees for paying pension to their spouse/children after their death. This fund simply lapses in case of homosexuals. This is unreasonable.
2) Several news reports have been published about homosexuals committing suicide due to their unacceptability in the society and their loneliness. This violates the 'Right to Life' given to all citizens in the constitution as a fundamental right. Fundamental rights are sacrosanct. Even the Indian Parliament cannot amend the constitution to take away these rights. We can directly accuse that the Indian Government is violating the constitution by not creating the acceptability of homosexuals in India which the government can easily do by using various means of mass communication such as newspapers, TV, radio etc., the way it has already done for HIV/AIDS infected people. We should also keep in mind that the people attain their HIV positive status mainly because they violate the society's 'one man-one woman' law and develop illicit relations, whereas God creates homosexuals.
I have collected some data on this, but more research is required. Some traveling may also be required and we may have to contact various police stations where such incidences have taken place before we can file the case in the court.
3) Many news reports have been published about homosexuals getting murdered by their sexual partners for the purpose of looting them. Some homosexuals have been blackmailed by their partners. This happens because homosexuals do not have the right to marriage and have absolutely no acceptability in the society and therefore they are forced to keep their lives highly secret from everybody. They are forced to have sex with completely unknown persons sometimes having much lower financial status than their own and they have no other option but to change their partner everyday to protect their privacy and secrecy. The government is directly and solely responsible for this. This never happens with heterosexuals, not even with those heterosexuals who have several sexual partners. This, again, violates the Right to Life of homosexuals.
I have some data on this, but more data should be collected for filing the case.
4) The government strictly forbids homosexuals to have an affectionate person who can look after them in times of need e.g. sickness, old age etc. One's parents will die before one and one's brothers and sisters remain busy with their own families. A homosexual's neighbors will never help him in difficult times. On the contrary, they will throw him out of their colony if possible since they hate him. The government has specially created this hatred in the society towards homosexuals by passing and maintaining scientifically incorrect law against homosexuality for more than 150 years and by permitting print/electronic media to publish/telecast factually incorrect material in respect of homosexuals. It is to be noted here that medical science has removed homosexuality from the list of mental disorders about 40 years ago. Not allowing to have a person to take care of homosexuals violates their Right to Life.
I have a little of published material about homosexuality which is factually incorrect. But more may be required to prepare an effective litigation against the government.
5) Recently I read a medical news report that lonely persons are more susceptible to sickness and disease and they die early. There are also reports published in medical journals which say that a happy marriage has good impact on health and persons having a loving spouse heal their wounds early. I have a few of such reports. The government has barred homosexuals from marrying and is forcing them to remain lonely. This is a direct violation of Right to Life.
6) India gives more importance to animals in comparison to homosexuals. Whenever only a single animal of a species is left in a government zoo, another animal of opposite sex of the same species is brought from some other zoo to give it company and mate with it. If no such animal is found in any other zoo of India, an animal is brought from foreign countries at high cost using public money. This is unfair to homosexuals and an insult to humanity.
I have several news reports regarding this. I also have a few published articles in which the pain of a single animal in a zoo has been described in great detail. But India has an unwritten, but very strong, law that any story of pain of a homosexual will never be published.
7) Several male rapes have taken place in India, especially of young boys. In most of the cases, the young boy is killed after rape. We can write in our petition that homosexuals commit these rapes and murders since they do not have the right to marriage and they are not accepted by the society. We can say that the government is solely and exclusively responsible for these rapes and murders of young boys.
Though I have one/two news reports about it and a few articles, but more work will be required before our petition can be ready. However, I have published reports which say that men sexually molest more boys than girls in schools and other places.
8) The government is forcing marriages of homosexuals with opposite–sex persons by denying the right to man-man and woman-woman marriages. Presently about 90% of male homosexuals, and about 95% of Indian lesbians may be married. Most bisexuals are, obviously, married but their spouses have no idea about the alternate sexual orientation of their partners who, almost in all cases, cheat them. I have maximum data about this and I may already be in a position to file a case against the government, or a little more research may be done on this.
9) There are many family welfare schemes in India. A few examples are: The spouse/children of a heterosexual person get pension after his death, they get free medical care in government hospitals, get leave traveling allowance and many other benefits. Education for the children of heterosexuals in government's schools and colleges is free. All this expenditure is incurred from the funds raised by collecting taxes from Indian masses and homosexuals equally contribute into these funds, but they are not given benefit worth even a single penny from those funds. The government has strictly forbidden homosexuals to have a family. Then how can the government force them to pay equal taxes? Shouldn't their taxes be much lower? In fact, many special subsidies should be given to them since they do not produce children and, thus, save India from population explosion. But they do not get any. The country charges undue taxes from them. Even a special tax called Education Cess is being levied in India that is used exclusively for creating basic infrastructure facilities for government's primary schools and colleges where the children of heterosexuals will be educated free of cost by the government of India. This is a direct violation of 'Right to Equality' enshrined in the constitution.
I have already collected quite a lot of data about family welfare schemes and the amount of money the government is spending on them. All this data needs to be put in proper shape before we can file a case against the government.
So, what I am waiting for? We should immediately file these court cases against GOI. There is no reason for making any delay.
Unfortunately I am under closet, at least till my children get married.. I cannot file any of these cases.
Is there anybody out of the closet in India? Can anybody help? I will provide all the legal help. One of my friends is lawyer. But he is also under closet. Of course, he has already examined my plots and he has told me that most of these are perfect plots. The court cannot refuse to admit them and most probably cannot dissmiss them.
Zammer, you probably cannot help. You are most probably a German citizen. You cannot file these cases in Indian courts.
Any help possible from anybody? The first case which I want to file is the case comparing gays to animals and I want to file the case before 377 is removed. I can prepare all the documents within 10 days after somebody agrees to file the case on my behalf.
We will file the case in a High Court (PIL's cannot be filed in a court lower than a High Court). We will not straight away jump to Supreme Court so that we can file an appeal if our case is dismissed by the High Court. That way, we will be able to remain in news for longer periods, even if we finally lose the case.
--- On Wed, 24/6/09, kamble zameer <firstname.lastname@example.org> wrote:
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