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SC’s verdict on IPC 377: What’s Happening Around [UPDATES]

Written By Queer Coolie

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Queer Lovelies, BFFs, comrades, Allies, The Whole Freakin’ Wide World.

377 was reinstated by the Supreme Court on Dec 11th, 2013. This is what happened right after.

There is No Going Back. This post tracks all the events, happenings online, offline around the world in response, in reaction, in anger – So you can stay on top of what’s going on.

If you want to give me a heads-up, drop a line to queercoolie@gmail.com or gaysifamily@gmail.com, ping me on Facebook ( Qc Coolie ) or Twitter (@QueerCoolie ).

[Note: Big Thank You to KM, Time Traveller’s Wife, Chicklet Chopra and lots of other folks online/offline for helping me collate this list]

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Next steps: There is a nationwide convention on 22nd December in Delhi. We will probably know more after that. As it stands, We can file for a review and the grounds of the review will counter the SC judgment on several points.  There is a lot of uncertainty and discretion here — the Chief Justice has the discretion on the second judge, the reviews can be refused outright in private hearings, they can be admitted and heard in private chambers, or they can go to oral arguments in open court again. We don’t quite know what will happen but it most likely won’t be instantaneous.

All review petitioners will ask for a stay of the Supreme Court order — which means that while the review is heard the High Court judgment will hold, and not the Supreme Court judgment and we’ll be legal again!

And If we don’t get a stay, then the Supreme Court verdict holds even as the review process continues. So two things are at play: a stay, and the review being admitted and heard.

In terms of judges, it’ll be one of the old judges and one new judge. If they decide not to review, the next resource is the government to push review to a higher panel which is a 5 judge bench. (Source: Activists and Naz Foundation )

Review Petition: 

Naz Foundation filed review petition on 24th December, 2013 – Against the Supreme Court judgment on Section 377. They are also seeking an interim stay of the order after it had set aside the Delhi High Court ruling that decriminalised homosexuality, saying gay sex is illegal.

http://ibnlive.in.com/news/naz-foundation-files-review-petition-against-sc-order-on-section-377/441372-3.html

The Government has finally done some real governing ~ strongly rooted in dignity, equality rather than narrower grounds (Download link : 377_ReviewPetition_UnionofIndia)

A beautiful exract used in Govt review petition:

“We cannot allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the tree or if it is a living tree, it will shed that bark and grow a new living bark for itself. Similarly, if the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth. Law must therefore constantly be on the move adapting itself to the fast changing society and not lag behind. It must shake off the inhibiting legacy of its colonial past and assume a dynamic role in the process of social transformation. We cannot therefore mechanically accept as valid a legal rule which found favour with the English courts in the last century when the doctrine of laissez-faire prevailed. It may be that even today in England the courts may be following the same legal rule which was laid down almost a hundred years ago, but that can be no reason why we in India should continue to do likewise.”

http://barandbench.com/content/government-files-review-petition-sc-s377-verdict-claims-apex-court-verdict-legally

http://www.firstpost.com/india/sc-verdict-on-section-377-suffers-from-errors-centre-in-review-petition-1298767.html

The others (Naz, Voices 377, and some more) are yet to file the petition, emphasizing different aspects of error in the judgment and making the case stronger.

The man who gave us freedom in 2009 : Karan Thapar interviews Justice AP Shah 

Notable Articles:

Pink Collar Crime – Hindustan Times

Section 377: The government slept it out on decriminalisation – Economic Times

Gayness doesn’t spread like flu – Times Of India

Vikram Seth on the cover of India Today’s current issue talking about gay rights Cover

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http://www.indiatimes.com/news/india/6-powerful-statements-from-vikram-seths-essay-on-gay-rights-118237.html

You may say you love each other, that you are happy with each other, that you give each other solace and courage and delight, but your love disgusts me. You may say you love each other, but I do not care.No, you have not harmed me, but I will harm you. I will do this because my Clan tells me to, my Panchayat tells me to, this Book tells me to, this Section of this Act tells me to, Civilisation itself tells me to, God himself tells me to

Stances from the Government/Parties: The BJP is still dawdling. Not much news from their front – no official party wide response made. However some of their party members could not control displaying their homophobia in public.

Namely; Yashwant Sinha, Subramanian Swamy & the very dumb Ms. Meenakshi Lekhi.

Crazies stepping out of their homophobic closets: Baba Ramdev, yet again does a headstand right after calling all Congress leaders “Gay”. In return Congress sends him a defamation notice, yes cause being called “Gay” is such a “dirrrty” thing.

Then there was a joint statement released by a group of religious leaders on Supreme Court’s 377 verdict. Surprise! Surprise! They unanimously are supporting it. Yes the bigots of the world have united. We Queers should pat our back for this achievement.

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And as they “You are not hated truly till there is a fatwa involved” – A Bareilly cleric comes forward to hand us this very notable award. Oh such happy times!

But the Queers move forward, even more determined:  

Silent protest & Candle light vigil in Connaught Place, New Delhi on 21st December.

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Anti 377 Protest March from College Square to Raj Bhavan, Kolkata on 19th Dec, 2013 (Picture Courtesy : Srabasti Majumdar)

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Post GDoR Updates: 

Brands taking a stance: Missed this earlier, but The Lalit hotels group took a stance and said they would always welcome the LGBT community.

Media Snippets Worth Noting: 

GDoR Updates:

  • London: The rage march just wrapped up in London and now we hear our voices speak.

 

  • Mumbai: I just had to share this because its such a brilliant picture…filters and all 🙂

 

  • Mumbai: Apparently, the cops asked everyone to leave an hour earlier because of too many people at the venue. So some stayed, some left. Those who stayed behind played antakshari. Give me a good song any day 🙂

 

  • Bangalore: Celebrity sighting at Bangalore GDoR included Girish Karnad.
  • London: Apparently, its POURING in London, but the crowds are gathering for the GDoR protest.

 

  • Chennai: The press club meeting went off well with a decent showing of the press. Human Rights Lawyer Sudha Ramalingam explained the nuances of the current situation very clearly and largely the discussion centered about how the law affects different groups (Update Courtesy: Shambhavi/Orinam)
  • Updates:Protests at Bangalore and Chennai have wrapped up. Mumbai protests have wrapped up one our early because the Police asked the crowd to leave. Delhi is still on we hear and London just got started !
  • Delhi:  

 

  • Bangalore: Picture just sent in from Bangalore protests – the Sun shines even through a Black Flag 🙂
      • IMG-20131215-WA0032Delhi: Well known faces present at the protests include Arundhati Roy, Sanjay Kak, Sunil Sethi, Rahul Roy, Saba Dewan, Shohini Ghosh, NiviMenon, Jawed Naqvi. (via @yodakinthestore)
      • Delhi:
  •  Mumbai: Celebs at the mumbai GDoR protests now include Celina Jaitely and Sapna Bhagnani.
  • IMG-20131215-WA0025
    • Twitter Updates: For updates from Kolkata, follow streams of @oninthough, for updates from Delhi follow @vyakaran  – Good stuff coming from the ground here.
    • Bengaluru: Slogans galore! These include ” SC down down!”, “We want justice”, “BJP shame shame”, “My body my right”..and many more in Kannda! All inclusive folks. All inclusive.
    • Delhi: 

 

  • Chennai: From @bumpahead: “Chennai press meet against #sec377 ends with the note ‘we are anything but minuscule”
  • Mumbai: Reports say People have formed a human chain train singing azaadi. Posters include one that says “Don’t put your rules on my ass” 🙂

Screen shot 2013-12-15 at 4.36.24 PM

  • Mumbai: Crazy as crazy comes – 300 people already there. The banners, posters and Guy Fawkes masks and cray cray outfits are all out! IMG-20131215-WA0017
  • Bangalore: What was a silent protest till now, just got started with voices : So begin the slogans! Approximately 200 people here at the GDoR Bangalore.
  • Global Day Of Rage Protests are underway at Mumbai, Delhi and Bangalore and we’ve seen black ribbons, the rainbow flag pouring off a flyover and posters like never before! Here are a smattering of pics below of events going on now. ( Photos Courtesy folks on Twitter – @bumpahead, @vandanakanak and @quickbug )

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Media Snippets Worth Noting: 

GDoR Updates: 3 pm Delhi Day Of Rage has begun ! Show your support and stand up for your rights! pic.twitter.com/B6QsxbXASc (source: @delhiqueerpride )

Update: We have a cool new graphic up created by (Fishy & R) inspired by an economic times article and boy, it makes a point!!  Please do share widely.

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GDoR Updates: Pune GDoR protests are underway silent and strong. Groups, communities and activists all over Mumbai are making their presence in Mumbai local trains and with street food vendors and in concerts.

Media Snippets Worth Noting:

sv vogue india blog

TV Update: Vikram Seth: “Intolerance is Violence” speech when receiving the Greatest Global Living Indian Award.[VIDEO] http://www.ndtv.com/video/player/news/intolerance-is-violence-vikram-seth/301404

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Media Snippets Worth Noting: DNA article where MJ, Co-founder of Gaysi Family voices her “dismay” : See http://www.dnaindia.com/lifestyle/report-section-377-a-queer-verdict-1935290

Social Media GupShup: Studio 59, a photography studio put out an album titled: “My Sexuality …My Right” in support of the right to love! Its quite cool – Check it out!

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TV update: Barkha Dutt ( @BDUTT ) tweets that tonight, Sunday Dec 15th, “We The People” will have a special extended edition on “what’s illegal about love, your lordships” starting at  7.30 pm. Tune in !

Brands Taking A Stance:

Global Day Of Rage: The worldwide movement started off in Ahmedabad, India with 20-30 people who gathered to protest in front of the thousands of people who’d come out for the Run for Unity.  Apparently, it was peaceful and successful ! (Source: Facebook) Follow #377updates ,  #NoGoingBack , #377DayOfRage for more.

GDoR ahmedabad

Stances from the Government: Sat Dec 14, 2013: Union Home Minister Sushikumar Shinde said on the government issuing an ordinance, “”Not now. Our (Congress) Vice-President and President have already spoken on the issue. I am with them,”

Then when, Mr. Shinde?

Social Media GupShup: There is now a Cure Baba Ramdev community on Facebook, folks! 🙂

Blog Post Worth Noting: Law and Other things, the blog about India’s legal system has a great post worth reading up that lays out the precedent set by Justice Singhvi in a prior cases. See: http://lawandotherthings.blogspot.in/2013/12/taking-sexuality-seriously-supreme.html

Bollywood Celebs React to 377 Ruling: Gaylaxy mag has put together a comprehensive list of Bollywood celebrity reactions to the SC reinstatement of IPC 377. See: http://www.gaylaxymag.com/latest-news/bollywood-celebs-react-to-sec-377-verdict/

News Update:

Media Snippets Worth Noting: 

  • The Daily Beast on India’s outrageous ruling against Gays: http://www.thedailybeast.com/articles/2013/12/12/carnal-injustice-india-s-outrageous-court-ruling-against-gays.html 
  • There was a fantastic write up to the WhaQ group on how the 377 ruling affects queer women by Sarasvati. Below is an excerpt:

  • After Wednesday’s ruling, I think it’s important to note how Section377 affects us, as queer women: the law has been interpreted by thejudiciary as applying to anal intercourse between two men, and thattoo requiring proof for any conviction to occur.  In a case fromaround 2003 (I’ve forgotten the exact details of which case this was,as there were several similar ones around the same time), two womenseeking the right to live together were also charged with S. 377,along with several other charges related to abduction and unlawfulconfinement.  The judge ultimately ruled in their favour, seeing noreason to prevent two adult women from cohabiting, and dismissed theuse of S. 377 on the grounds that two women are incapable of ‘sodomy’. As far as I know, no convictions of queer women have occurred underS. 377, for that reason.This is not to say that S. 377 does not affect us: police andrelatives do not see the law in the same way that courts do, andtherefore there is reason to be concerned about police harassment (andpossibly arrest).[1]Certainly, fewer queer people will be willing to come out about theirsexuality, and being a queer person will have that social stigma ofbeing unlawful.  This is why we need to stand in solidarity with therest of the queer community, and advocate for the removal ofregressive laws affecting us, regardless of whether we as individualswould actually be convicted in a court for our desires or our sexualactivities.It’s also important to realise that there are other laws that havebeen used much more commonly to oppress queer women, and to separatecouples by force (especially by disapproving families): Section 340(wrongful confinement), S. 361 (kidnapping), S. 362 (abduction), S.366 (compelling a woman to marry – this one could actually be used inour favour if there’s ever a case that comes up in discussion andpeople are willing to take it up), S. 368 (concealment/confinement ofa kidnapped person), and Habeas Corpus writs, among others.We need to voice our concerns about the misuse of all of these laws(because unlike S. 377, they all do have their place for protectingour rights in some sense), and bring up the issues facing queer womenin the LGBTHKQI discourse in India.  Otherwise, I don’t know that ourconcerns about these laws will be taken up by the queer community atlarge.  Had S. 377 been decriminalised Wednesday, I would have beenafraid that many people (particularly gay men) would have gone homethinking that everything was fine, that the legal struggle is overnow.  Now, we have a chance to take advantage of the solidarity thatthe queer community has demonstrated after such a regressive ruling.It’s also important to voice our concerns about women in this societygenerally, because regressive social views are what cause parents tofile cases against their adult daughter (or her lover) for goingagainst the family’s will.  An adult woman should not have to dealwith a Habeas Corpus writ against her, demanding that she be broughtbefore the court and back to her family, regardless of hersexuality.[2]  This is a question of women’s rights, not just aboutour innate desires and our right to express them (definitely that isour concern, but not the only one here).Additionally, the only way we’re going to change anything is to createmore awareness and acceptance in society at large, and to provide asafe and supportive space for all queer women.

Update: Saturday, Dec 14th, 2013 : we just heard from the Gaysi Team out in Mumbai that Rainbow flags are being Given by people outside of a concert at mehboob studio!!

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Event Updates: Check out this fantastic list put together by Orinam of events happening around the 377 SC ruling. It has details of all the events in India and around the world. Stay on top if you plan to take part in the Global Day Of Rage tomorrow !! ( or if you just prefer it that way 🙂 ) See: http://orinam.net/377/377-events/

Brands Taking A Stance: Fast Track watches always bold and edgy came out in support! Yay!

Media Snippets Worth Noting: 

Brands Taking A Stance: Myntra just came out in Support of the LGBT community with a pretty cool graphic! See: https://www.facebook.com/photo.php?fbid=10152062286663221&set=a.319025208220.147355.6466648220&type=1&theater

Social Media GupShup: Pink Sofa Just came out in support of the LGBT Community in India and has decided to provide free subscriptions to all their sisters in India! See: https://www.facebook.com/thepinksofa/posts/583480375033982

Event Updates: 


Stances from the Government: 

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Brands Taking A Stance: 


Media Snippets Worth Noting: 


Social Media Gup Shup: 

  • Posted by Author Arunava Sinha: “What the High Court judgment had said: “Moral indignation, howsoever strong, is not a valid basis for overriding individuals’ fundamental rights of dignity and privacy. In our scheme of things, constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view.”The Supreme Court judgment has set an unfortunate precedent by allowing its perception of public morality to override the individual’s fundamental rights. What now prevents lawmakers from imposing their version of moral behaviour on all of us? No law criminalising ‘immoral behaviour‘ will be considered unconstitutional.” #Section377
  • Art Of Living Guru Sri Sri Ravi Shankar came out in support: See  https://www.facebook.com/SriSriRaviShankar/posts/10151832425787536

 

Resources: 

  • Follow the Orinam 377 page for indepth news, resources, releases, coverages of the 377 verdict and related issues: http://orinam.net/377/ You can also Tweet/Follow #377Updates.

 

Official Reports/Release/Petitions: 

 

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Queer Coolie is the pink and cheery avatar of a single Indian lesbian recently repatriated from the US. She also dabbles at being the following - Editor @gaysifamily | Dimsum Lover | Kettlebell Swinger | Startup Standup | Bathroom Beyoncé
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