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New Delhi (HT)
Using fresh arguments that range from imperiling India's
defence to making its people delusional, 14 new
organisations have joined the final legal battle against
the decriminalisation of homosexuality.
On Saturday, the number of petitioners in the Supreme
Court - challenging the July 2009 decision of the Delhi
High Court to strike down an anti-sodomy law - stood at
16 from the original two.
Two Christian church coalitions, three Muslim NGOs, two
Hindu astrologers, a disciple of yoga guru Baba Ramdev,
an NGO run by a former Delhi police officer, and an
environmentalist, will be among those in the Supreme
Court when it hears an appeal next month against the
overturning of the Indian Penal Code' section 377.
Only one person, film director and Rajya Sabha MP Shyam
Benegal, has quietly joined the original petitioner,
Delhi NGO Naz Foundation, in support of gay rights in
the Supreme Court.
With the government saying it will not oppose the Delhi
High Court judgement, which experts consider legally
strong, the new opponents are readying a range of fresh
arguments:
"Medical opinion" that only the vagina has the muscles
required for sex, not the anus (Utkal Christian
Foundation, Cuttack)
Expanding the constitutional right to non-discrimination
to include sexual orientation could lead to demands for
job reservations (Apostolic Churches Alliance,
Thiruvananthapuram)
Indian cultural morality maybe ready for homosexuality
in "50 or 100 years", not today (Raza Academy, Mumbai)
Chairman of the Jammu and Kashmir Panthers Party, Prof
Bhim Singh, said in his petition that the Delhi High
Court ruling would be "a disaster for the Indian defence
forces and the security of the country… in deserted
areas".
"Seedlings of homosexuality developed among the
(European and US) soldiers during the first and the
second world war when they had to stay back in the
forests and the hills for years without having any
access to meet their sexual desires," said Singh, whose
party otherwise fights for the reorganisation of J&K.
"My challenge of the (Delhi) high court judgement is
that it should not have relied on foreign judgements,"
said Mushtaq Ahmed, counsel for Mumbai's Raza Academy, a
32-year-old Islamic advocacy group. "We can't impose a
foreign cultural morality today."
From Cuttack, B D Das, counsel for the Utkal Christian
Foundation, a coalition of Orissa churches, said the
decriminalisation of homosexuality had already led gay
couples to request church marriages.
"Of course we have not given permission," said Das,
referring to homosexuality as a "biblical sin".
"Earlier, it (gay marriage) was criminal, so they would
not dare to ask.”
Recognising these widespread sensitivities, normally
vocal gay, lesbian and transgender activists are staying
under the radar. They will stick to the high court's
stress on constitutional rights of an individual over
public morality and not expand arguments to subjects
like marriage and employment.
"Our energies are focused on safeguarding the decision
in the Supreme Court," said Gautam Bhan, spokesperson of
"Voices against 377", a coalition of gay rights
organisations.
The old arguments, made by former right-wing Member of
Parliament B.P. Singhal and an NGO called the Joint
Action Council, Kannur (in Kerala), have been
reformulated as well. These focus on the religious
opposition to homosexuality, threat to "public morality"
and what opponents argue is its "unnatural" nature.
"(The) High Court decision will protect consensual
unnatural sexual acts even when they are obtained by
fraud, deceit, misrepresentation, causing fear,
intoxication or due to unsoundness of mind," argued S K
Gupta, a disciple of yoga guru Ramdev, and
representative of Delhi's Patanjali Yogpeeth.
The Delhi Commission for Protection of Child Rights (DCPCR),
run by former police officer Amod Kanth, said the high
court had not considered adoption of children by
homosexual couples and the concept of family and
parenthood.
"The judgement will cause 'value disorientation' and
torment children," said DCPCR secretary R C Gupta,
"leading to identity crisis, social physical and
psychological maladaptation in society."
"It is an established medical theory that AIDS spread in
human beings through monkeys in African countries.
Though not established, there are certain theories that
state that unnatural sex with animals can be one of the
causes.
"It is submitted that unnatural acts always come with
curse from nature, as AIDS in the present form and
therefore it deserves to be curbed with strong hands
(sic).”
Against
Apostolic Churches Alliance, All India Muslim Personal
Law Board S K Gupta, Patanjali Yogpeeth, B Krishna Bhat,
environmentalist, Delhi Commission for Protection of
Child Rights, Utkal Christian Council, Krantikari
Manuvadi Morcha Party, Tamil Nadu Muslim Munnetra
Kazhagam, Suresh Kumar, Mukesh Kumar Koushal,
astrologers (does not include all petitioners) For Naz
Foundation Shyam Benegal, film director.
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