Many of you might have Heard the name of this controversial Writer , his novels once made sense to us and the reason why he became popular early became evident until THE FACEOFF.
Note- The facts given in this version where both contradictory point as well as actual facts are given is a true event and a Direct Response to all People With the similar Approach of Thought when it comes to thinking for the masses .
The Blog does not aim to target any particular segment but rather the entire similar minded fraternity of people that think that the current government through the orders by the Supreme Court have given them the right after removal of section 377 of the Indian Penal Code.
The Pure aim of this Faceoff is not just to retaliate to one but to clear the doubts of several like minded as to why do we need the section back and until when .
The FaceOff - (Section 377)
On a fine evening with old friends where good old school days were being relived a new era of thought had also been following between us all.
Once those people that in the days of immaturity thought something which was entirely different to today's current scenario and the development that each and everyone had gone through over the period of time .
It was a pleasant evening when I met this controversial Writer in person after ages herein again after our first faceoff on a small opinion on Facebook .
Since after provocation the talk took it's place and questions by the controversial writer were raised as below :-
1) The Constitution gives us a right to be treated equally so what is wrong when we claim of our rights under section 377?
2) What does the section state word by word ?
3) Only people with a small thinking can think of reasons do not allow the LGBT to take their stand , since you have not seen the ajanta ellora caves you don't have an idea of the world around ?
4) When you haven't been out how can you claim you know the versus well ?
5) You are an advocate you might know and have read the law better but when you do not understand the meaning of the section how can you state a claim?
Some Questions faced by the general supporters of the LGBT Group
1) Not giving us rights is a hinderence to privacy what wrong have we done ?
2) You people don't have a knowledge of life how can you comment on 377?
3) Section 377 is only linked to the talks of LGBT .... And many similar more
To all those :-
The preamble of India states that ,
" WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION "
Where ,
SOVEREIGN - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people
SOCIALIST - economic philosophy where means of production and distribution are owned by the State.
SECULAR - state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice.
DEMOCRATIC - The rulers are elected by the people and are responsible to them.
REPUBLIC - head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years.
Therefore when the basis of the Constitution doesn't discriminate us on the basis of caste, creed, colour or sex why should we discriminate the LGBT on any basis .
The LGBT is rightly accepted as part of the society as any other human and any discrimination has always been condemned but since the history we have only protected this sect of taste of people but not the people as an individual is what is the pretext to understand.
The people then had right to do whatever but wasn't entitled to complete right for a purpose to protect them and others from the mischevious and dirty minded part of the society that are bound to take advantage of the situation and cause harm which is of such a nature that it can never be recovered.
Even today when we are able to read only 1% of the online articles wherein some people have boldly come out and stated their agony that how an elder person with such a taste had used a young male child for a long time and the child had to keep silent in terms of fear. But beyond this is another fact in the hidden meaning to the line above that because it's a hidden fact there has never been a report for the same nor a count has been assessed for the purpose of Justice.
The Constitution of India states under Article 14 of the Constitution of India that states , " The state does not deny to any person equality before the law or the equal protection of the laws within The territory of India. protection prohibition of discrimination on grounds of religion, race, Caste, sex, or place of birth. "
This article like any other article is an interpretation to the preamble of our nation and in the matter in concern it must be noticed that the sect of LGBT have no relevance to any or either of the provisions as they aren't ;-
A race
A Caste
A Sex
A place of birth
A religion
But, a selected members as one of us who just have a taste which is different and to which the provision or section 377 of the Indian Penal Code made a restriction which had been titled as Unnatural Sex.
To put in mind it is important for the community of LGBT to be aware that the section wasn't just in concern to them but also of all other ways of having intimacy excluding the vagina of a women.
Section 377 had stated , " 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 a term which may extend to ten years, and shall also be liable to fine.”
Herein it is important to know that it didn't just limit to the LGBT community but in fact the entire human fraternity for not having sex in any other way even if it had mutual concent and also not having sex with an animal .
Now the noted part of the Judgement titled Navtej Singh Johar & Ors. V/s Union of India stated ,
21. CONCLUSION
i. In view of the aforesaid findings, it is declared
that insofar as Section 377 criminalises
consensual sexual acts of adults (i.e. persons
above the age of 18 years who are competent to
consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution.
It is, however, clarified that such consent must
be free consent, which is completely voluntary
in nature, and devoid of any duress or coercion.
ii. The declaration of the aforesaid reading down of
Section 377 shall not, however, lead to the re-opening of any concluded prosecutions, but can certainly be relied upon in all pending matters
whether they are at the trial, appellate, or
revisional stages.
iii. The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercouse against minors, and acts of beastiality.
iv. The judgment in Suresh Kumar Koushal & Anr.
v. Naz Foundation & Ors.57 is hereby overruled
for the reasons stated in paragraph 19.The Reference is answered accordingly.
In view of the above findings, the Writ
Petitions are allowed.
……………..……..…………………J.
(Indu Malhotra)
New Delhi;
September 6, 2018."
This clearly states that the section hasn't been completely waved off with but a portion of it has been put away for further reference and which needs to be passed now as an amendment in the books of law to be reorganized even at a later stage or else anytime further a 7 bench judgement can overrule the above stated judgement.
With the provision for LGBT to enjoy their taste the Hon'ble Supreme Court had to make a judgement based on the provided facts as is bound by the rule of law to follow the interpretations and protect the Constitution into which nothing has happened as until this date.
The LGBT community in India must also note that the government has also along with just sex being free mistakingly removed the provision of intercorse with an animal in specific in the judgement and waveritoff with an ambiguity in which the provision of the section can still be referred for brutal sex with minor and animal .
The basics of rule when we demand the Section 377 to stay is that since ages the private sex between a gender and the same or another gender has been allowed and so has the judgement made it clear to allow intercourse with concent in private but this isn't well possible as injustice to the other sects facing the outcome still remain in ambiguity with the definitions in the related sections of IPC dealing with section 375 - rape , 376 A - punishment for causing death or resulting in persistent vegetative state, 377 B - sexual intercourse with husband upon his wife during separation , 377 C - sexual intercourse by a person in authority , 377 D - Gang Rape , 498 A - Cruality .
The other acts where the amendment need to be made is :-
Special Marriage Act
Hindu Marriage Act
Indian Divorce Act
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
Transfer of Property Act
.... And all similar nature acts simultaneously when we say that the LGBT has been legalised or reorganized .
In fact ,
A bench of the Hon'ble court has laid it's view on the fact and is only valid until a revision or review is filed or a superior bench over rules this.
The history of Ajanta ellora caves Is linked to the history of our nation and as reorganised by the UNESCO it has popularly be known for its state of the art engraving and fine sense of making .
It takes a Hell lot of a Strong Minded LGBT member to look beyond the sculpture and inscription of fine art and Buddhist , Hindu and jain history to find that there have been engravings of sculptures that resemble people of a same fraternity and hence being in a relevance of art to a modern day judgement without being informed that the Indian Law was based on The Law of Land Prevailing in India and the history of the people of India is what complied the pride of this country in the form of a preamble which is the gist to the supreme law of land , i.e our constitution and the Hon'ble Supreme Court being the biggest protector of that pride for the purpose of its interpretation and enforcement with the concent of the people through its representatives , I.e the Parliament .
Henceforth ,
All talks on 377 stand ridiculed with and on 1 controversy that equality and justice are kept away from the others when there is an absence of Law .
Which is why the section must be revived in order to protect not one but all individuals until the law through its representatives paves a way.
I strongly believe to boycott people of this level of thinking that have been blindly influenced with an not tolerable approach because lack of knowledge is what leads to Injustice and a state of sympathy at the end of the day.
