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Showing posts with label Decriminalising Gay Sex In India. Show all posts
Showing posts with label Decriminalising Gay Sex In India. Show all posts

Tuesday, May 11, 2010

Oppose The Nuclear Liability Bill

The recent radioactive poisoning death in Delhi has once again highlighted the fact that the Civil Nuclear Liability Act being foisted on the nation will only help American companies get away with murder just as Union Carbide did after killing and maiming thousands in Bhopal. In the Mayapuri case one person died after coming into contact with a radioactive pencil that was disposed of by Delhi University as scrap, the vice chancellor appeared on TV to offer only an apology. No talk of compensation. This is going to be repeated on a horrific scale in case of an accident at nuclear power plants proposed to be built across the country. Sitaram Yechury argues why this the Civil Nuclear Liability Bill must be opposed 

On the last day of the budget session of Parliament, the government hurriedly introduced the Civil Nuclear Liability Bill amid largescale protests by the Opposition.

The Left had opposed the introduction of the Bill itself on the grounds of violation of Article 21 of the Constitution, which guarantees protection of life and personal liberty.

Former Attorney General Soli Sorabjee says, “In view of Supreme Court judgements which are part of Indian jurisprudence and whose thrust is for the protection of victims of accidents as part of their fundamental rights under Article 21 of the Constitution there is no warrant or justification for capping nuclear liability.”

However, it is precisely such a cap that the Civil Nuclear Liability Bill introduces.
The proposed Bill has sought to limit all liability arising out of a nuclear accident to only 300 million Special Drawing Rights (about $450 million) and the liability of the operator only to Rs 300 crore.

The difference between $450 million and Rs 300 crore (about $67 million) is the government’s liability. Given that a serious accident can cause damage in billions, the small cap of $450 million that’s been proposed shows the scant regard the the UPA has for the people.

The Bhopal Settlement of $470 million reached between the government of India and Union Carbide and accepted by the Supreme Court, has been shown to be a gross underestimation. Even today, gas victims are suffering and have received only meagre compensation.

It is unconscionable of the UPA government to suggest that all nuclear accidents, which have the potential of being much larger than Bhopal, be capped at a figure that has already been shown to be a gross underestimate. Since the government wants to allow private operators in the nuclear power sector, this low level for compensation is meant to serve their interests too.

Apart from this, the minuscule liability of Rs 300 crore for the actual operator is tantamount to encouraging the operator to play with plant safety.

The Indian legal regime is quite clear: for hazardous industries, the plant owners have strict liability. Neither does the law accept any limits to liability — the party concerned must not only pay full compensation but also the cost of any environmental damage that any accident may cause. The Oleum leak from Sriram Food and Fertility settled the liability regime in India and any legislation seeking to cap liability will be completely retrogressive.

Contrary to the claims being made, the Vienna Convention — the basis of the proposed Nuclear Liability Bill — does not cap nuclear liability but only puts a minimum floor. It also allows countries to operate their liability regimes. For example, Germany, Japan and Finland all have unlimited liability, the same as current Indian law.

The US has a liability cap of $10.2 billion. Not only is the Indian government proposing to cap liability of nuclear plants, but it is also proposing a cap of only $450 million, way below the consequences of any serious nuclear accident. It appears that in order to promote private nuclear power and foreign suppliers, the UPA government is willing to sacrifice its own people.

The suppliers’ liability is also being considerably weakened by the proposed Bill. Instead of the normal contract law, where recourse of the operator to claim damages is inherent, the Bill limits this recourse only if it is explicitly mentioned in the contract. Otherwise, the nuclear operator cannot claim compensation from the supplier of equipment even if it is shown to be faulty.

It is evident that contracts for buying US nuclear reactors will explicitly exclude any liability on the part of the suppliers and, therefore, by the law to be adopted, they will go scot-free even if an accident occurs due to a defect in the equipment supplied by a US company. 

In fact the UPA-II government wanted such a legislation, which the prime minister could carry with him to the Nuclear Security Summit that President Obama convened in Washington in April. However, following the controversial passage of the Women’s Reservation Bill in the Rajya Sabha with the help of marshals, the crucial support of 47 Lok Sabha MPs belonging to the BSP, SP and RJD was not forthcoming.

This obstacle, however, appears to have been overcome now through possibly some ‘bargain’ similar to what happened at the time of the passage of the Indo-US nuclear deal.

The US is insisting that this law be enacted to protect US suppliers of nuclear equipment from liability to pay compensation in the case of a nuclear accident. Currently, only the State-run Nuclear Power Corporation of India Ltd. under the existing Atomic Energy Act can operate nuclear power plants. But with the opening up of international nuclear commerce, US companies have sought a civil nuclear liability framework to be put in place before they enter.

The US government has linked the completion of the Indo-US nuclear agreement to India’s capping of nuclear liability. The UPA-I government, prior to the ratification of the 123 Agreement, had given a written commitment that India will buy nuclear reactors from the US totalling 10,000 megawatt of capacity.

This Bill has now been referred to the parliamentary standing committee for its consideration. It will now be tabled in the monsoon session. It is imperative for all political parties to ensure that the government is not allowed to disregard the life and safety of the Indian people through such a legislation. Article 21 of the Constitution and the various judgements of the Supreme Court cannot be allowed to be violated.

Sunday, January 17, 2010

Jyoti Basu: The Last Titan

Jyoti Basu became a Communist while studying law in Britain. He came in contact with the British Communist party. He joined the Communist Party of India on his return in 1940.

He began working in the railway trade union movement and became an important functionary of the B.A. Railroad Workers Union and the All India Railwaymen's Federation. In 1946,he was elected to the Bengal legislative assembly from a railway constituency.

He was the Secretary of the provincial committee of the CPI from 1953 to 1961. He became a member of the Central Committee of the CPI in 1951. When the CPI (M) was formed he became one of the founder Polit Bureau and Central Committee members, positions he continued in, till his death. He played a significant role in developing the CPI (M) in West Bengal along with Promode Dasgupta.

Jyoti Basu made his mark as the leader of the opposition in the assembly between 1957 and l967. He was twice Deputy Chief Minister in the United Front governments between 1967 and 1970. His role in the government in supporting the struggle for implementation of land reforms and in not allowing the police to be used against workers and peasants' struggles was notable.

Jyoti Basu belonged to the leadership of the CPI M) which steered the Party through the difficult days of semi-fascist terror in West Bengal in the early seventies. After the sweeping victory of the Left Front in 1977, Jyoti Basu became the Chief Minister of the Left Front government, a position he held continuously for more than 23 years, a record in the country.

Under his leadership, the Left Front government embarked on land reforms on a scale unprecedented in the country; it instituted a panchayati raj system which was radical for its times, which gave the poor peasants and small farmers a say in running the panchayati institutions.

West Bengal became an oasis of communal harmony and secular values under his leadership. One has to recall how as Chief Minister he dealt with the situation after the assassination of Indira Gandhi in 1984 when violence against Sikhs broke out in various parts of the country, but nothing was allowed to happen in West Bengal. Similarly he dealt firmly with efforts to instigate trouble after the demolition of the Babri Masjid in 1992.

Jyoti Basu became a symbol for the Left, democratic and secular forces in the country. In West Bengal, the people adored him and respected him for his championing of their cause. He became the role model for all Communists and progressives on how to work in parliamentary institutions and serve the people. During this seven decades of work in the Communist party, he spent three and a half years in prison and two years underground.

Jyoti Basu as Chief Minister and as a Left leader played an important role in pushing for restructuring Centre-State relations and rallying other Chief Ministers and political leaders for the cause.

He played a prominent role in bringing together Left and secular parties against the Congress government in the nineteen eighties and later against the BJP in the nineties.

Jyoti Basu was a Marxist who never wavered in his convictions. After the fall of the Soviet Union and the setbacks to socialism, he provided the leadership along with his colleagues in the Polit Bureau to make a reappraisal of the experience of building socialism and to pinpoint the errors and to correct wrong notions and understandings while remaining true to Marxism-Leninism.

He was a Marxist who was not dogmatic and continued to learn from his vast experience in charting out the course for the Party.

He emerged as the pre-eminent and most popular leader of the Party, but he always worked as a disciplined member of the Party, setting an example for all. In his long career in the Party, he undertook various responsibilities including being the first editor of People's Democracy.

He had a lifelong association with the trade union movement and was the Vice-President of the Centre of Indian Trade Unions since its inception in 1970.

He stepped down from the Chief Ministership in 2000 due to ill health and advanced age. But he continued to work and discharge responsibilities till the end of his life. He became the source of
inspiration and a fount of advice for the Party and the Left movement in the country. Irrespective of political affiliation, across the political spectrum, he was respected by all and accepted as a national leader.

The Left movement in the country was fortunate in having such an accomplished and dedicated leader at the helm of affairs in West Bengal and in the leadership of the CPI (M) for such a long time. His precious legacy is there for all of us to cherish and nurture.

Lal Salaam to a great Communist!

Friday, July 3, 2009

Gay Sex No Crime, Decrees Delhi High Court; Victory Of Lower Classes: Row Kavi

My good friend Ashok Row Kavi was the first journalist to expose the mainstream media's homophobia and bring LGBT issues into the public domain. Disgusted by the status quoists who preferred to keep quiet, he quit to start Bombay Dost, India's first LGBT journal. It ceased publication for a few years for want of funds but is now back on the stands again. Here's Ashok's take on India's gay scene in his own words:

“After a few years I launched Bombay Dost in the late ’80s, ironically the main opposition to this incipient activism came not from straight quarters; it came from the gay community itself. For instance, the gay segment from the city’s corporate elite, featuring brown sahibs who frequent Bombay Gymkhana and such types, the upper middle classes with their ever-growing detachment from the nation’s core concerns, were opposed to queer activism.

One of the arguments was, “Which policeman would dare catch people like us; it’ll take one phone call to the police headquarters to set matters straight.” This attitude exemplifies the queer paradox, where despite being so sequestered from the mainstream, it remains a microcosm of India and its worst qualities: a horribly divided society based on caste and class.

This historic judgment is thus a victory of the lower classes, of the poor, and oddly enough, of heterosexual liberalism. The poor and the petty bourgeoisie have had significant reason to fight against Section 377. It is they who need protection from police harassment most; it is they who need the canopy of a law that will protect them from the injustices that they are so prone to. It’s been a long battle, but they are larger battles to fight in the coming years.”

Here's an interesting comment from a queer feminist and activist I came across in the Asian Age:

July 2, 2009 is a historic day. Not just for lesbians, gays, bisexuals, transgender, hijras and kothis in India, but also for all those who strive to uphold the values of equality, freedom, non-discrimination and inclusiveness in India.

The Delhi high court on Thursday, in response to a Public Interest Litigation (PIL) asking for the reading down of Section 377 of the Indian Penal Code, decriminalised adult, consensual, same-sex sexual activity in private.

The reading down of Section 377 is not just a reaffirmation of the rights of all citizens of this country to live their lives with freedom, dignity and respect, but it also upholds the essence of the Indian Constitution, that of inclusiveness.

The judgment states very clearly: “If there is one constitutional tenet that can be said to be the underlying theme of the Indian Constitution, it is that of ‘inclusiveness’.”

Among various other statements, this one in particular makes the judgment not a simple reaffirmation of the rights of a large section of citizens of this country but also of the basic pillars of our Constitution, that of freedom, dignity, respect and equality.

This Delhi high court judgment, in content and language, has set an example that can be emulated in various demands for justice, equality and freedom of oppressed communities in this country.

The struggle for decriminalisation of same-sex activity has been on in the Delhi high court since 2000 and in the streets of this country for many years before that. The judgment comes soon after this country witnessed its second “pride march” in Delhi, Kolkata, Chennai, Bengaluru and Bhubaneshwar.

The colourful parades and the march, along with many other campaigns over the years, like the open letter written by Vikram Seth against Section 377, and signed by many prominent citizens including Amartya Sen and Swami Agnivesh, contributed immensely to this historic judgment.

What will be the effects on this judgment on the everyday lives of India’s lesbians, gays, bisexuals, transgender people? The daily violence upon and harassment of this section is well-known.

Violence and discrimination exists in the public sphere as well as in the private sphere (among friends, family and colleagues), and has in several instances led to death and suicide. When stopping short of death, it has meant lives that are lived in secret with the threat and danger of being “outed” looming large.

Discrimination towards same-sex loving men, who have been forcibly married off to women, has led not only to adverse effects on their own lives but also on the lives of the women they have been married to, who are unaware that their husbands are uninterested in them in any way.

Given this reality, the judgment has been long overdue to grant basic rights to these communities and ease the reality of their everyday lives. The symbolic significance of this judgment is beyond measure.

The constitutional framework within which it has been placed gives it enormous legitimacy, strength and significance. In legal terms, it only applies to Delhi but is a strong precedent that can be used in any other parallel court in this country. While other courts are free to disagree, they will have to counter the Delhi high court judgment substantially, a task that is close to impossible.

An appeal in the Supreme Court by any of the defendants in the PIL is a likely reality and will have to be addressed. This may not necessarily be a bad thing as a victory in the Supreme Court will vindicate the judgment of the Delhi high court nationally, beyond any further doubt. Either way, the legal battle may continue, but the effects of this judgment can never be entirely undone.

In real terms, the judgment, we hope, will mean a significant reduction in harassment of gay men, hijras, kothis, panthis, lesbians and transgenders in the public and public spheres. Further, this judgment gives us the right to demand our rights openly in cases where there is discrimination and violence on the basis of gender and sexual identity.

The basic civil rights assured to all citizens of this country need to be extended to same-sex desiring persons. This includes rights of property ownership, adoption, inheritance and others. These rights are not automatically attributed to same-sex loving people by this judgment but have to be fought for. That can now be done with pride and openness.

We hope this judgment will also open up space for individuals in this country to renegotiate the freedom and openness with which they live their lives. Colleagues, friends and families can no longer argue the illegality of homosexuality and we hope this will be encouragement for individuals to live more open and honest lives with their loved ones.

The struggle for equality and freedom has been flagged off to an illustrious start with this landmark judgment and will now continue with all the momentum that has been gained by it.

The joy of this historic day is beyond measure. Celebrations will be on while we look with hope at the future struggles that can now be fought, not as criminals, but as equal citizens of this country who have the space to demand their basic rights.

Let this day be the beginning of many more such illustrious days that reaffirm the rights of all Indians without discrimination and make its people proud of the country’s firm belief in freedom and democracy.

Ponni Arasu/The Asian Age

Tuesday, October 21, 2008

Patil's Discovery: Homosexuality Is A Disease!

By Roger Alexander

In what is considered a major breakthrough in AIDS research, India's ministry of home affairs (MHA) led by Shivraj Patil has claimed that it has discovered that homosexuality or gay sex is a disease, putting it in line for the next Nobel prize in Medicine.

This was confirmed by additional solicitor general PP Malhotra representing the MHA to the Delhi High court which is hearing a bunch of petitions filed by gay rights activists seeking decriminalisation of gay sex among consenting adults.

Disagreeing with the bench headed by Chief Justice A P Shah - which pointed out that “it is an accepted fact that it is a main vehicle that causes (AIDS) disease but it is not a disease in itself” - Malhotra insisted homosexuality is a disease and legalising it would bring “devastation” to society.

AIDS is already spreading in the country and if gay sex is legalised then people on the street would start indulging in such practises saying that the High Court has given approval for it. Legalising homosexuality would further divide the country....it will send a wrong signal to youth of our country,” argued Malhotra.

Homosexuality is “immoral” and a “reflection of a perverse mind” and its decriminalisation would lead to moral degradation of society, he said, adding, “Gay sex is against the order of the nature. The State has to take the help of the law to maintain public morality. Homosexuality is a social vice and the state has the power to contain it. If it is allowed then evils of AIDS and HIV would spread and harm the people and would degrade moral values of society.”

Clearly taken aback, the court observed, “It’s a strange situation. Your (home ministry's) first affidavit is silent (and) there is not a single word on what you are saying, while other (health ministry’s) affidavit is pointing out that the penal provision leads to marginalisation of HIV patients.”

Unfazed, Malhotra said, “No act of Parliament can be struck down due to an affidavit or a minister’s (read Ramadoss) statement. Since Parliament passed a law criminalising homosexuality, it represented the will of the people of this country.”

When the bench pointed out that the government needed to prove that allowing gay sex among consenting adults would increase the risk of HIV to an extent to criminalise it, Malhotra countered, “Indian society strongly disapproves of homosexuality and it’s enough to justify it being treated as a criminal offence even where consenting adults indulge in it in private...Our Constitution does not talk about sexual orientation. We cannot impose other countries’ constitutions on us. Our moral and ethical values are different.’’

Roger And Out

Saturday, October 18, 2008

Homophobe Patil Is A Pain In The Ass





By Roger Alexander

Would you believe it? India’s Union Cabinet is stuffed with a bunch of paranoid homophobes. If Section 377 of the Indian Penal Code – which criminalises same sex love – is repealed, it would “have far-reaching consequences,” they claim. Not only that, legalising gay sex would raise “law-and-order issues” and that society – except for some sections of urban India – wasn’t ready for it. Ironically, the homophobic charge is led by the effeminate union home minister Shivraj Patil.

The fertiliser hit the PMO’s air-conditioning when Union health minister Anbumani Ramadoss decided to back a widely held view that Section 377 was an anachronistic law that ought to be repealed. Ramadoss and the National AIDS Control Organisation (NACO) want homosexuality to be made non-punishable, citing it as a health problem. They argue that Section 377 is hampering the anti-AIDS drive in the country.

In fact, NACO, in its affidavit to the Delhi High Court argues, “Enforcement of Section 377 can adversely contribute to pushing HIV positive persons underground, which would make such risky sexual practices to go unnoticed. The National Commission on Women and the Planning Commission also support the repeal petition pointing out that the anti-gay law is a colonial relic that even the UK rejected in 1967.

Still, at a Cabinet meeting on Thursday, many ministers not only supported Patil but also took exception to Ramadoss’s “uncalled utterances on the issue” which, they said, showed the government in bad light and was causing embarrassment to the ministry of home affairs (read Patil). The Cabinet also decided to continue opposing the demand for it repeal in court. Curiously Ramadoss was not present at the meeting, and the matter was hurriedly discussed without the concerned minister present as is the practice. The Prime Minister, as is his wont, failed to take sides and asked the ministers to sort out their differences through discussions. What a joke.

Nonetheless, Patil continues to tilt at windmills. And if proof is needed that a moron is in charge of the criminal justice system, go no further. Opposing a PIL in The Delhi High Court which seeks the repeal of the archaic Victorian law that still adorns our statute books, additional solicitor general PP Malhotra actually quoted the Bible – presumably the King James’ version – to buttress the government’s against “unnatural sex.” Patil clearly does not know of India’s rich homosexual tradition, both in the mythologies and in secular history that he has to tell his lawyer to take recourse to the Bible, of all things. 

Asking the court to disregard Ramadoss’s views on legalising gay sex among consenting adults, the advocate general said Section 377 was “the will of the people.” Even the normally status-quoist judiciary was dumbfounded. “These are not scientific reports. These are articles quoting the Bible, which is propaganda. Show us scientific reports which justify criminalisation of  such acts (gay sex),” the bench observed.

Commenting on the ongoing courtroom battle, my friend gay activist Ashok Row Kavi wryly observed, “These gandus don’t know their ass from their elbow.”

Roger And Out

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