Love Is Not A Crime: Protect The Rights Of Sexuality Minorities
By People’s Forum Against IPC 377
14 January, 2014
Countercurrents.org
An appeal to preserve diversity, harmony and human rights
We, the civil society groups, sexuality groups, media organisations, human rights organisations, people’s movements and literary and cultural personalities of Kerala are deeply shocked with the Supreme Court judgement on December 11 to criminalise homosexuality. We believe that the judgement not only lacks understanding, tolerance and acceptance of hundreds of thousands of people belonging to LGBT community in India, but also violates the basic principles of democracy and human rights enshrined in the Indian Constitution.
India was the first country where the Britishers introduced this draconian law called Section 377 of the Indian Penal Code in 1861, criminalising sexual activities `against the order of nature’ including homosexual acts. The colonial forces introduced this act violating the rights of adult consensual sex and criminalised homosexuality with a maximum sentence of life imprisonment. The section was declared unconstitutional with respect to sex between consenting adults by the High Court of Delhi on July 2, 2009. However, the recent Supreme Court Judgement, we consider, is turning the wheel of history backwords, considering the fact that many countries all over the world have by now decriminalised homosexuality.
While Section 377 of IPC in India has already been used to violate the human rights of Gay/ Lesbian/Transgender/Kothi/Bisexual communities as an abusive tool by the police machinery in India, it violates the sexual rights of heterosexuals also, by imposing a moralistic term called `unnatural sex’. We believe that no majority community can impose their moral standards on any minority community. India has a rich cultural diversity where sexuality minorities had prominent spaces right from the ancient times in temples, in architecture, sculptures, paintings, literature, and films. Even in the social get-togethers of marriages in India, the transgender communities have played a major role and the non homosexual communities had to receive their `blessings’ from the transgenders. The present judgement based on communal moralism and a deep ignorance of the cultural traditions in India, is also a violation of the Fundamental rights laid down in the Articles 21, 14 and 15 of the Indian Constitution, which respectively protect the right to life, personal liberty, equality before law and prohibit discrimination. It also allows a free hand for the Indian State to intrude upon the right to privacy of the people of this country, at a time when the right to privacy is already being threatened by many changes imposed by the forces of communalism and globalization in this country.
We believe that the consequences of the present judgement will increase the abuse of power by the police machinery on the Lesbian/Gay/Bisexual/Transsexual (LGBT) community as well an increase in the incidents of suicides and psycological disorders of Gays and Lesbians by forcing them into hetrosexual marriages and to lead double standard lives.
We believe that homosexuality is neither unethical nor unnatural. It is neither a sin nor abnormal. What is immoral, unethical, abnormal and unnatural is the present imposition of the majoritarian moralistic standards, which will lead to serious human rights violations in this country. Therefore we appeal to all those who respect justice, peace, freedom, democracy, harmony and love to come forward, support the causes of pluralism, harmony and inclusiveness of this sub-continent and express your strong criticism on this major human rights violation. We appeal to you to mobilise maximum support for the LGBT community at this crtical hour where the institutions of State, some of the religious fundamentalists and a few reactionary politicians have joined hands to suppress the sexual rights of lakhs of people in this country. We appeal to you to spread this word to every friend, organisation, family, media or institution within your reach.
Released by: People’s Forum against IPC 377
For More Details on the Campaign plz Contact: 9809477058, 9744955866
Organizations Endorsed the Statement
1. Sahayatrika For Human Rights, Thrissur
2. Sangama, Bangalore
3. Voice Pehchan, Thrissur
4. VIBGYOR Film Collective, Thrissur
5. Desh Suraksha Project, Thrissur
6. Gargi Women’s Collective, Thrissur
7. MAYA, Thrissur
8. GAIA, Thrissur
9. Navachithra Film Society, Thrissur
10. Jananeethi
11. Youth For Environment & Justice
12. Sree Kerala Varma College
13. Pathabhedham
14. Visual Search
15. Keraleeyam
Individuals Endorsed the Statement
1. Rajaji Mathew Thomas - Ex. MLA, Editor, Janayugam Daily
2. Civic Chandran - Writer, Activist
3. Adv. Asha R K - Advocate, Social Activist
4. Reshma Bharadwaj - Teacher, Social Activist
5. Rekha Raj - Writer, Dalit Activist
6. K G Jagadeesan - Secretary, Gandhi Smaraka Nidhi
7. K P Sasi - Writer, Activist Film Maker
8. Dr. Fr. Benny Benedict - Director, Chetana Media Institute
9. Dr. Muraleedharan Tharayil - Teacher, St. Alotious College, Thrissur
10. Dr. Renjith P - President, ViBGYOR Film Collective, Thrissur
11. Sumathi Moorthy - Queer Activist
12. Sunil Mohan - Queer Activist
13. Sunil Menon - Queer Activist
14. Adv. Cuckoo Madhavan - Advocate, Feminist Activist
15. Beena Anish - Programme Coordinator, Sahayathrika
16. Sivani Ashok - Administation Officer, Sahayathrika
17. Sruthy P - Office Assistant, Sahayathrika
18. Mary Antony - Student
19. Sarath Cheloor - Exe. Director, Sahayathrika
20. Deepa Vasudevan - Managing Trustee, Sahayathrika
21. Ameer Hassan - State Programme Officer, Pehchan Projects
22. Syam - Programme Coordinator, Voice Pehchan, Thrissur
23. Shaji - Programme Manager, Voice Pehchan, Thrissur
24. Faisal - Field Officer, Voice Pehchan, Thrissur
25. Navas - Programme Manager, Pehchan, Ernakulam
26. Prasannakumar T N - Media Activist
27. Rahul Mahesh - Student, Film Maker
28. Bavachan Mathew - Public Relations Officer, ViBGYOR
29. Sangeeth Premachandran - Well Wisher
30. Hafiz Abdussalam - Executive Committee Member, ViBGYOR Film Collective
31. Seena Panoli - Activist Film Maker
32. Jibu Thomas - Activist
33. Sanju Surendran - Film Maker
34. Louis Mathew - Film Maker, Teacher
35. I Gopinath - Editor, Writer- The Critic (Online Magazine)
36. Paul J Kattookkaran - Member, ViBGYOR Film Collective
37. Maneesh V Nair - Pehchan
38. Yadhu - Student
39. Neethu - Activist, Camera Women
40. Sabari Kishan - Student
41. Subin T Sunny - Student
42. Ratheesh Chullikkad - Activist
43. Athira - Student
44. Ramseena - Organizer, Youth Dialogue
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