No more punishment to Homosexuals:Delhi High Court

The days are advancing in such a pace that one is bewildered with its queer and enigmatic news arriving from different ends. Human beings go astray in such a fashion that they long for homosexual marriages, and leaders like President Barack Obama “issued a proclamation acknowledging Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month, something the previous president once refused to do.

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President Obama also is understood have promised an open appointment of LGBT candidate to Senate within 100 days of Administration and to decriminalize homosexuality around the world. President Obama is optimism that the LGBTs are aware of epidemic current is noteworthy.

History

June 28, 1969 (a Saturday) is an unforgettable day for the LGBTs. In a small bar known as Stonewall Inn, in New York City a riot broke out. The police heavily raided the Inn’s Bar and a big crowd, which gathered outside the Inn, cheered the every patron who came out of the Inn, supposedly a “butch lesbian”. The day marks as LGBT day.

Chennai celebration

Commemorating this event, last June 29 2009 Chennai bore a festive look at Marina beach, the longest second beach of the world. Several hundred transgender, known in Tamil Language as “Aravanigal”, Lesbians, and Bisexuals gathered danced, kissed others and sang with a beatified look in a glamorous dress. The gathering was nothing but to thank Kanimozhi, daughter Chief Minister Karunanidhi who stands behind them to protect against the Indian Penal Code Section 377.

The eyes of law were liberal in legalizing gay sex. The hot matter has been brewing in both Tamil Nadu and Central Government. Favour and disfavour peaked the issue and in the meanwhile a Non Governmental Organization (NGO) Naz Foundation of Delhi preferred a Public Interest Litigation in the Delhi High Court .Today (July 2,2009) the Delhi’s High court ruling that the gay sex is legalized is a celebration for the “Lesbians, Gay and Homosexuals”. The courts ruling is on the based on Human Rights and Indian Constitutional Guarantee on Articles 21(Right to Protection of Life and Personal Liberty)14(Right to Equality Before Law) and 15(Prohibition of Discrimination on Grounds of Religion,Race,Caste, or Place of Birth). The court also observed that Indian Penal Code 377 which has been in the statute book past 149 years, will be fall on as violators such as “Non-consensual penile non-vaginal sex penile and vaginal sex involving minors:

This article analyses the background of Homosexuals as well the Indian Penal Code section 377

What is IPC section 377?

Unnatural offenses: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term, which may extend to ten years, and shall be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.

The ambit of Section 377, which was devised to criminalize and prevent homosexual associations - sodomy in particular, extends to any sexual union involving penile insertion. Thus even consensual heterosexual acts - but coitus - such as fellatio and fingering may be declared a punishable offense under this law.

What Islam says about Homosexuality?

'We also (sent) Lut: he said to his people: "Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds".' - Quran 7:80-81.

What the Bible says abot Homosexuality?

Passages such as Leviticus 18:22-30, Romans 1:26-27, 1 Corinthian 6:9, and Jude 7 serve as ample proof from Scripture. Below is ample proof from Tradition. The Fathers are especially harsh against the practice of pederasty, the homosexual corruption of boys by men.

(www.armyofgod.com/LeviticusExtraBibs.html)

What is the transgender plea with respect to their human rights?

“Transgender people also claim these rights as our own. We have the right to be included in discussions of human rights and to have the special issues of gender identity addressed as human rights concerns. We must be included in conversations and actions that seek to further the cause of human rights in addition, strengthen the protections offered to all people. We claim that we, too, have a place at the table. This also means that we as a community must do all that we can to include others, to be sure that the human rights of all? People are protected and valued. By claiming human rights for all people. We create a safer, freer and better world for all of us.”

What is the plethora of morbidity of transgender?

Majority of them illiterates. Their life invariably depends on their feminine instinct of homosexuality, being the known factor emanating HIV/AIDS . They cater a cheap and unnatural outlet especially to the truck drivers across the land just as in the Nepal border. It is not only appalling but poses a threat to the society in particular with not only venereal diseases but also single sole life threatening HIV/AIDS.

Their begging is compulsory and little a noval in type. They flourish on myths of marriages at its celebrations, and on the news of pregnancy. They are seen with colourful dresses,full-blown make up and with thundrous claps in unison in long running trains,festive seasons and village fairs.

They undergo untold miseries under their pimp and they have “kothis” like brothels similar to one what the female prostitutes own. They are also said to be under the bonded agreements with their chiefs and subjugated for severe punishments for non-earnings. They remain despicable most time and some are violent.

The great argument that confronts the obscurantist is while the female prostitution is in craze, why the objection for homosexuality.

Do some transgender hold high posts?

The transgender have different nomenclatures, as described below:

“The All-India Eunuchs’ Welfare Association was formed in 1993-94, as well as HIV/AIDS awareness groups to combat health problems within their communities. One such group is the Dai Welfare Society, a mutual aid society formed in 1999 in Mumbai by and for hijras. The group estimates that half of the hijras living in Mumbai have HIV. Another group is the Hijra Kalyan Sabha.”

“Hijras have been elected to high political positions; Shabnam Mausi became India's first hijra MLA in 1999 (as an independent), only five years after hijras were allowed to vote., Kamla Jaan, was elected as mayor of Katni, while another, Meenabai, became the president of the Sehora town municipality, the oldest civic body in the state of Madhya Pradesh.] In 2005, 24-year-old hijra Sonia Ajmeri ran for state assembly on an independent ticket to represent the estimated 40,000 eunuchs in Gujarat. The wave of hijras entering politics has not been without controversy. In November 2000, Asha Devi was elected mayor of Gorakhpur, a post reserved for a woman. The city had a population of approximately 500,000 as of 1991. She was unseated when a court decreed that she was a man but was later reinstated (Wiki).

The most important question that arises is that the RIGHTS of majority’s wish to live hale and healthy should not be jeopardized with the rights LGBTs