Article 377

The judgment of the Hon’ble High Court of Delhi in affirming rights of homosexuals is a great landmark decision; it has come through after a long and painful struggle of the LGBT groups and organizations, and support groups. But this is not the end; this is just the beginning for a greater struggle for full rights, dignity and complete acceptance by the majority, families, and society at large. The struggle will come to an end only when gays do not have feel shy, guilty, defensive, and give endless justifications on their sexuality and sexual orientation to the other side, i.e. Heterosexuals who are in majority, and sitting on the seat of judgment.

Heterosexuals are lucky that way; they do not have to struggle for their sexuality and sexual orientation and their body and mind all the time. When a heterosexual goes to sex workers, it may considered as illegal but it not considered as unnatural because it involves vaginal sex. Sex between homosexuals is so easily brushed aside as unnatural, unethical, and result of some sickness. In such circumstances, homosexuals because of their numerical shortfall, have to fight for their rights and dignity.

The judgment of the Hon’ble High Court of Delhi has generated strong reactions for various religious groups, organizations, and political groups. Some are vociferous in their criticism and some are cautious. Some condemn it, and some pass it over, and gays celebrate it. Media have brought many debates to the surface now.

HETEROSEXUALS PLEASE TAKE SOME TIME AND HEAR THE OTHER SIDE

Whether you believe in homosexuality or not, whether you like it or not or whether you find it natural or not, same sex relationship exists and has very explicitly and visually been shown in the sculpture of the much revered temples of India and has been there for ages. Social, religious and political leaders (who are the opinion makers) who represent people frame homosexuality as “sin”, “unnatural” and “immoral”. It is easy, convenient, and safe to follow these leaders, and stick to age old beliefs perpetuated for so long.

And when such collective consciousness reigns and rules the society, there is little scope for new understanding, tolerance and acceptance. And when new leaders emerge, they also follow this mass consciousness as it is easy, convenient and safe. We have heard stories about ministers, writers, intellectuals who are homosexuals. And they are truly loved by the people, their sexual orientation was never an issue, If tomorrow a Prime Minister, or a Chief Minister, a religious leader gives his stamp of approval to homosexual relationship then it will have great impact. However very few are willing to do so.

In this context, the judgment of the Hon’ble High Court is encouraging, and keeps the hope alive that there is hope within preexisting sexual stereotypes. Social approval may be the ultimate success of the LGBT movement, but a legal approval has set some momentum to the movement. The judgment of the Hon’ble high Court has taken a great step; it has at least opened the closed box of Article377 for scrutiny and new thinking of the majority.

Documentary: Dinare Basanta Aame aau Raati Re Basanti.

Today all of us at idpr and Sakha saw a very lovely documentary which had been previously shown in OTV by Debadutt Choudary and Bhibuti Rath. it was a very good effort and was appreciated by all of us. The members of Sakha after seeing it could relate to the stories of neglect, prejudice, biases perpetrated by family members and community.

The documentary was appreciated by all, except for one concern raised by Meera who felt that the title of the documentary, "Dinare Basanta aame raati re basanti" (which when translated in english was, 'in morning we are Basant (Male) and at night we are Basanti(Female)') was inappropriate as she felt that there is a lot of stigma associated with it, and no transgender or hijra would like to be a man in morning and women in the darkness of night. This video was developed by Devdutt Choudary and Bibhuti Rath, both can be reached in OTV, if you have any comments on the video or require more information on how to access the entire documentary please contact: devsruti75@gmail.com and bibhuti_rath@yahoo.co.in

My Perspective

If individuals would like to be in same sex relationship, then why is it so difficult for us(heterosexuals) to accept it. How is it going to threaten us (heterosexuals), disrupt the social fabric and corrupt our society? Very few deeply think about on their own and rather carry with the thoughts of spokespersons from various religious/political groups. Accepting them as they are also is another attribute of democracy, and people who love democratic values must also understand the deeper meanings of the concept. Democracy is not the tyranny or the dominance of the majority, it is the dignified acceptance of each other, and an willingness to understand each other.

And for our gay friends.

Let me say! the more you share your thoughts with all, it will also open up our thinking. Heterosexuals learning may be slow, but keep sharing this is the only way barriers will be broken.

Bijoy

Jai HO

Today is the Pabitra Bahuda Yatra, today Lord Jagannath accompanied by brother Balabhadra and sister Subhadra return back home to Puri Jagannath Temple. Today is truly an auspicious day and will also be remembered for another historic landmark judgment, the Delhi High Court on Thursday legalised consensual sex among gays. The court has struck down Section 377 of the Indian Penal Code (IPC).

A bench comprising of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, Section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law.

"We declare Section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private violates Articles 14, 21 and 15 of the Constitution," the Bench comprising Chief Justice A P Shah and Justice S Muralidhar said. However, Section 377 of the IPC which criminalises homosexuality will continue for non-consensual, non-vaginal sex.

JAI HO

Statement on Mandatory Testing by Loknath Mishra

I am not sure where this came from and who gave the credit to me and Mr. Sanjit Patnaik for making this statement. But we have not made any statement on mandatory testing neither do we have any intention of promoting mandatory testing in Orissa. I am not shocked or surprised that this statement has brought on such strong reaction. I am angry that such a damaging statement on mandatory testing is going to ruin all these years of struggle undertaken by all. Mr. Sanjit Patnaik and I have been struggling at the community level against forced testing of married young women by family members. The sad part is that in Orissa media is yet to learn how damaging these kinds of statement is for Orissa as a state where we are yet to go beyond prevention programmes and where districts with high prevalence are neglected by the state.

BY -- Loknath Mishra,
ARUNA.

Gay community in Orissa(India): social discrimination and their fight for their Rights and Dignity in the society

Ratikanta Pradhan
(This is a letter from Ratikanta Pradhan to Satya Sundar Mishra the founder member of SAKHA a CBO established to fight for the rights and dignity of LGBTs in Orissa.

Gay community in Orissa(India): social discriminiation and their fight for their Rights and Dignity in the society

Yes, i am very proud to be a gay. I think that God has a good and noble reason behind creating me like this, so i am happy being a gay. And moreover, we gays play a very important role and contribute a good amount of development initiatives to the society in particualr and as a whole in the world. I dont think we should regreet about being gay and our identity and sexual orientation is natural. We behave and are feminine in our movements except that we do not posses physcial attributes of a women.

But, at the same time, we face a lot of problems regarding our identity and respect and place in the society. There is widespread problem of ragging from physcial to mental as well as economic being a gay in the society. In Orissa(India) society as they are yet to understand us, Society still thinks same sex relation is unnatural and against the order of nature. Gays still face social stigma and other forms of exploitation in each and every field.

Gays in India do feel happy when people accept us, understand our emotions and sentiments. But that itself is not enough we would feel even better and proud if our uniqueness was accepted as normal. Many educated people encourage us and support us in our fight for your dignity and Rights and rightful place in the society.

Now, we have started a association called "SAKHA"(friend) in Bhubaneswar, which primarily works for the development and welfare of the sexual minorities We have been celebrating and coming together on different occasions; The World AIDS Day and organising different workshops regarding the sexual reproductive health, HIV&AIDS, formation of self-help groups and organising other recrational events.

I would take this opportunity to thank Mr. Satya Sundar Mishra
(Subhi/subham)) for his contribution and hard work and for establishing this platform I hope and appeal to all gay people who re living in and around Bhubaneswar please come foreward and fight for our Rights with altogether
I Wish all of us success

MIXED MESSAGES

My seven year old daughter is obsessed with reading out loud every poster, hoarding, shop names and every bit of words and statements that she can see from the car window. She also asks the adults sitting in the car to explain what these terms and statements mean. Yesterday she saw a poster somewhere where it was written, ‘save a girl child’. She kept asking me what it meant. Usually I and my husband are a bit wary about explaining to her, because her questions do not end there as she asks us in the most unusual places and inappropriate places (Once during a serious meeting she wanted me to clarify about menstruation and Sex). But this was one statement which I had to clarify to her. When I explained why it is important to save a girl child especially in India and how precious they are, she still did not understand.

So I had to take the story of Balika Badhu ( a television serial which I utterly detest, which is regressive and actually promotes certain key traditional practices like child marriage, widow repression and no education for a girl child and which should be abolished/banned). What is great about the serial is that it is currently the most popular serial, and even in workplaces colleagues of mine discuss about the serial and react positively to the story line.

Did my daughter understand after my explanation? Not really, as previously I had told her that Balika Badhu is just a story and not something to be believed in.

Shiny Ahuja the brilliant actor involved in raping his own 18 year old maid. There will probably be two kinds of opinion, if it is rape then he should be jailed, if it is consensual then probably he is not at fault. EXCUSE ME which ever way it goes it is rape. A young susceptible 17/18 year old girl from a poor marginalized background who is uneducated works in your house as a domestic maid for a paltry sum, who is lead/seduced by a married man in his thirties, who is a film actor ( Mr. Shiney Ahuja who proudly claims to be a thinking actor) to indulge in sex, when his wife and child are away. Do you still feel that this is right if it was consensual?

I think the media(print, audio, video) throws a lot of questions which need to be looked into and pondered before community becomes the judge and jury and pronounces a verdict.