protest against arrests under Section 377 of the indian penal code

[Guest guest]

Hi all,

please find below an invitation to a protest against arrests made under Section

377 of the indian penal code (the anti-sodomy law that has been one of the

biggest hurdles in HIV prevention programs amongst men who have sex with men).

please spread the word, and participate in the protests.

Protest against police atrocities under Section 377 in Lucknow

Date: Thursday, 12th January, 2006

Time: 12 noon

Venue: Outside UP Bhawan, 5, Sardar Patel Marg, New Delhi-21

WHY:

3rd January: four men were arrested in Lucknow for being a part of what the

Lucknow police called a “gay racket†and charged under Section 377. The

arrests were made on the grounds that these persons are allegedly members of an

internet based service that enables gay men to meet other like-minded persons.

In other words, these people have been arrested simply because they are

homosexual – something that is not a crime!

They have since been held in police custody and charged under Sec 377 – an

archaic British colonial law that criminalises adult, consensual same-sex sexual

behaviour and is currently the subject of a legal challenge in the Delhi High

Court. Yet even Sect 377 does not criminalise being homosexual, but only certain

sexual acts which were NOT committed by any of the charged parties when they

were arrested. More importantly, the law violates the fundamental and human

rights of Indian citizens to freely take consensual decisions about their sexual

preferences and live lives free of violence and discrimination.

In the FIR Police have mentioned 13 more people's names and mobile phone

numbers, exposing them to discrimination and harm in their personal and

professional lives and fundamentally violating their privacy.

Other sources indicate that the FIR does not contain all the facts behind the

arrests. Family members of one of the arrested parties have reportedly said that

he was illegally detained by the police days before the other three and was

taken away for interrogation.

The police have stepped outside of the law and have violated the fundamental

right to life and liberty under Article 21 of the Constitution.

This has created fear and panic in the Queer community in Lucknow - many people

have gone underground and this has severely damaged the outreach work of NGOs

providing HIV/AIDS/sexual health services to homosexual/bisexual men in Lucknow.

The actions of the Lucknow police are in direct contravention of the

government’s own National AIDS Control and Prevention Policies, the objective

of which is to create an enabling environment by protecting the human rights of

marginalized sexualities.

WE DEMAND

Immediate release of the arrested people and to drop all charges.

Immediate suspension of Police Officials involved in these arrests.

Punishing the guilty Police Officials after conducting an immediate enquiry for

their illegal and unconstitutional actions including keeping people in illegal

detention, filing false charges and for violating 'Right to Privacy'.

UP Government to take urgent steps to protect human rights and to stop moral

policing

Complete implementation of the NACO policy recommendations to ensure effective

HIV/AIDS outreach with men who have sex with men in an environment free of

discrimination

Repeal Section 377 of the Indian Penal Code as it serves as a tool for the

police to harass the sexuality minorities

Voices Against 377 is a coalition of Delhi based groups working on women’s

rights, human rights, child rights and the rights of same sex desiring people

including lesbian, gay, bisexual and transgendered people. This group seeks to

draw public attention to section 377 of the Indian Penal Code, 1860 – the law

that penalises “carnal intercourse against the order of nature†and

effectively criminalises same-sex sexual activity between consenting adults, in

private. It is a colonial law that has given legitimacy to gross and sustained

human rights violations against lesbian, gay, hijra, transgender and bisexual

people, thus negating the constitutional claim of equal citizenship and

protection for all.

Hope to see people there!

Best,

Akshay

E-mail: <133789@...>