Tuesday, July 07, 2009

Re: [lgbt-india] Gays, eunuchs have 135 cases pending

Regarding "Gay activists said though they
welcomed the Delhi high court order, they were not sure if it would have an
immediate impact on the cases filed against members of their community"
while the judgement says that there would be no reopening of cases that have already decided on the matter of 377, the pending cases are not decided and there is no way that a court can convict anyone for an act that is not a crime at the time the judgement is passed. So the lawyers who are representing these cases should immideately file applications in the respective courts asking that their client be discharged.
Caveat: This is of course for cases that are Private, Adult, and consensual. It shall not be for those cases that are coercive, forced, or with minors.
Aditya B

On 06/07/2009, moderator@gaybombay.in <moderator@gaybombay.in> wrote:



Gays, eunuchs have 135 cases pending

6 Jul 2009, 0123 hrs IST, Viju B , TNN

MUMBAI: The city police have registered 135 criminal cases pertaining to
unnatural sex under Section 377 of the Indian Penal Code over the last ten
years. Significantly, all these cases are still pending at various police

TOI spoke to a cross-section of homosexuals and eunuchs who said a majority
of these cases was filed to harass the LGBT community. "Recently, two
eunuchs who were travelling in a second class compartment were thrown out by
cops though they had valid tickets. They were then put behind bars and asked
to strip,'' alleged Abhijit Aher, who has been associated with Humsafar
Trust, an NGO that works for the welfare of LGBTs.

Aher said there were several instances where eunuchs were put behind bars
when all they were doing was begging or having commercial sex. "Members of
this community resort to begging and commercial sex as nobody in the society
is willing to offer them a decent livelihood,'' he added.

Members of the city's gay community say sometimes masseurs offer consensual
sex and then try to extort money from them by threatening to file cases
against them. "In many cases, the homosexual persons pay the exorbitant
amount as they fear they may have to appear in court if a case is filed
against him under Section 377 of the IPC,'' Aher said.

Section 377 of the IPC says that any person who has voluntary carnal
intercourse against the order of nature with any man, woman or animal, shall
be punished with imprisonment for life, or with imprisonment that may extend
up to ten years, and will also be liable to a fine.

"This section has been misused by the police and it is high time the law is
amended,'' said IPS officer-turned-lawyer Y P Singh.

Agrees RTI activist Chetan Kothari, who has filed a query on this issue.
"The fact that a large number of cases are still pending shows that the
police are not interested,'' he said. Gay activists said though they
welcomed the Delhi high court order, they were not sure if it would have an
immediate impact on the cases filed against members of their community.

Email: <mailto:moderator@gaybombay.in> moderator@gaybombay.in

Web Sites:

<http://www.gaybombay.in/> www.gaybombay.in

<http://www.gaybombay.info/> www.gaybombay.info

<http://www.gayindia.org/> www.gayindia.org

E Groups:



GB Internet Radio


Gaybombay breaking news and annoucements


Emergency Helpline number 9820565885


<http://www.orkut.co.in/Main%23Community.aspx?cmm=22091955 >


<http://gaybombay.blogspot.com/> http://gaybombay.blogspot.com

<http://gaybombay.wordpress.com/> http://gaybombay.wordpress.com


<http://twitter.com/gaybombay> http://twitter.com/gaybombay


<http://www.facebook.com/gaybombay> facebook.com/gaybombay

[Non-text portions of this message have been removed]

Recent Activity
Visit Your Group
Need traffic?

Drive customers

With search ads

on Yahoo!

Yahoo! Groups

Stay healthy

and discover other

people who can help.

Y! Groups blog

the best source

for the latest

scoop on Groups.



Do not print this mail unless really necessary.
Save paper, save trees..!!

If you loose your way while SCUBA diving, the safest direction to head for is UP..!!!

No comments: