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Section377

Monday, July 19, 2010

Section377 Encourages In India A RAPE is Committed Every 54 Minutes in INDIA


Section377 Encourages In India A  RAPE is 
Committed Every 54 Minutes in INDIA
The State of World Population Report 
suggests that In India
1.  A Rape is committed every 54 minutes;
2.  Molestation every 26 minutes;
3.  Kidnapping or abduction every 43 minutes;
4.  Eve-teasing every 51 minutes;
5.  Dowry death every 1 hour 42 minutes;

6.  Criminal offense against women every 7 minutes.

Rape is a crime not only against the body of an individual but also against one’s mind, psyche and reputation. The rapist can be questioned only if he is caught but the raped is questioned at every stage by every strata of the society. The victims have experienced that the police is often reluctant to lodge their complaints. Even if the complaint is lodged, the justice is far from being delivered. In courts circumstantial evidence is highly relied upon. The defense always supports the theory that the intercourse was with mutual consent.
In various cases the absence of injury has been considered as a proof of consent by the courts. Victims are forced to lay every slight detail of the incident which may not be possible. Mostly the facts are presented in an inappropriate manner which often leads to the acquittal of the accused.
In traditional society like ours raising voices against any crime of sexual orientation is considered a taboo. Many girls have witnessed oppression from their own family members in such instances. A rape victim needs a lot of courage to bring the matter into notice. But the agony does not end here. It is continued at every stage whether it is medical treatment, lodging of F.I.R or even attending a trial. The entire system is harsh to her. Time and again some N.G.Os have provided the victims both financial and psychiatric support but practically they are unable to help all of them.
The accused may be known or complete strangers. The crime of date rape has increased significantly in the past few years. Not to forget the rape committed by one’s own relative (including fathers and husbands) and those committed by stalkers, taxi drivers, guides and co-workers. Statistics suggest that in about 7 percent of the cases, fathers or other intimate members of the family or close relatives were themselves the offenders. About three-fourth of the offences were the result of offence by Neighbours and other persons known to the victims. Only one-eighth of the offences were committed by strangers. Reports have also shown that when a married woman is raped, she looses her love for husband and bond with the family. This effects not only her but her children and husband as well.
Imrana was asked to marry her rapist father in law as a viable solution put forth by the religious protagonists. Instead of punishing the culprit they decided to reward him. What kind of justice is this?
The offense of rape declares a punishment not less than 7 years which may extend up to life imprisonment too. But a husband who rapes his wife who is below 12 years of age is only liable for an imprisonment which may extend up to 2 years or fine or both. The Indian law doesn’t recognize the crime of marital rape yet. Also there is no section in IPC which punishes boys under 16 years of age for committing rape. They can be prosecuted only under Section 377 (Unnatural Offences) of I.P.C.
The infamous case of Hetal Parekh indeed deserved capital punishment for the accused Dhananjoy Roy who not only raped 14 year old Hetal but also brutally murdered her. His plea to the president for remission of sentence was rejected by Mr APJ Abdul Kalam. The decision was welcomed by almost everyone in the country.
There is an urgent need of speedy trial for such cases. It may be done by introducing a separate legal system for such sexual offenses. Medical help must be provided to the victims which should include counseling and vocational training (in cases where the woman has be out casted from the society and has no means sustenance). The same can be provided by state fund. The fine for such offenses must not be kept nominal.
If the medical examination is not conducted within 48 hours of rape the offense is very difficult to prove. Most of the females are unaware of this and in order to get rid of the physiological scars they take bath before medical surveillance. Awareness programs must be conducted to demonstrate what a victim must do in case of rape. Moreover keeping in mind the mental state of the victims a female doctor must be appointed for the examination.
The recent amendment in Criminal Procedure Code(Cr.pc) is a very optimistic step. Now such cases have to be presented before a female judge. A more effective witness protection scheme is also being guaranteed. The statements of the victim would be recorded at their house or some other safe place preferentially in presence of a female officer.  A female may engage a lawyer to help the prosecution with prior permission of the court. The investigation has to be completed within three months from the date when information was recorded by the officer in charge of the police station. Protection of the victim’s identity, maintaining the confidentiality of the name and address of the parties, camera trials and conduct of trials by a woman magistrate are also provided in the amendment.

Wednesday, June 30, 2010

Criminal Activies Violence increased in the city ?

About MANAS
MANAS Bangla is a state wide network of 13 (thirteen) grass root level CBOs with the common agenda of social advocacy around issues related to males marginalised for their non-conventional sexualities and/ or gender non-conformity and promotion of their sexual health and rights in the state of West Bengal. 


 You know very well the condition of West Bengal. MANAS Bangla open given threat to all the staff if anybody will attend this Rally (Rainbow Pride Walk)  then they all will be suspended like Sudip Bandopadhyay whom earlier suspended when she atttend the Transgender's Day's Rally on 30th April, 2010 organised by the ATHB.

I know MANAS Bangla never attened Rally but MANAS Bangla supported all the time but this time you know very well but I know what is the reason behind it that you are hidding it that MANAS Bnagla given such kind of threat to all the staff. You, Sanjay Ram from Koshish and Rajarshi from Swikriti also opposed it and given pressure to MANAS Bnagla to not do it but after having all this you still not written here anything about MANAS Bnagla, may I know why politics is going here with you and MANAS Bangla?

I did not expected it from you.  All the partners of MANAS Bangla say that you always play a double role but I could not believe it but today understood they all  were correct and I was wrong. This year only 25-30 participants were attended. Do you really think that without any reason nobody participated this year? What was reason behind it? I must say and thankfull to Jagdish Jana and Sudip Bandopadhyay who are te staff of MANAS Bangla they did not care of all this rubbish "FATWA" which has been passed by MANAS Bangla that if any staff will attend this Rally then they will be suspended from the job like Sudip Bandopadhyay. This is the reason that no any staff came in this Rally except this two.

This is my request to Ashok and Aditya please see the reality first then start writing. If you think that others are so good then where are those Activist who first walked in the Rainbow Pride Walk in West Bengal? Everybody is playing politics here. Please try to solve this problem if possible. Do not support/encourage  them without knowing the reality. We know and will remember you forever that you walked first in the Rally. Where are Kolkata's Leader/Activist who walked first? They did not come, why?

I am really proud that I am the part of ATHB (Association of Transgender/Hijra in Bengal). Atleast all the partners have same vision and mission and we do not play dirty politics like others. This is a registered Association then working nicely in West Bengal then why you all are against of this?

This is very interesting thing that all the MSM are against of ATHB  not any Transgender/Hijra. Please do not interfere in the matter of Transgender/Hijra....... Why do not you leave us alone....?


Regards
Ranjit Sinha
Bandhan


CONTACT US
E-mail: manasbengal2003@yahoo.com
Contact Person: Anis Ray Chaudhuri
Address: GB 11, Rajdanga Main Road, Kolkata - 700107
City: Kolkata
State:West Bengal
Phone:9331038554



Criminal Activies Violence increased in the city ?
By Karnataka Sex Workers Hejads , MsM , GAYSEX  Will Spreed HIV  to City ?
Beggars’ Colony Safe Place for Sexworks and Hejds , Msm Said Human  Rights  Activist ? 
Your Banglore City is Safe from 
Karnataka Sex Workers ,
Hejads , MsM , GAYSEX 
They Spreed HIV & AIDS?

The protest was called by the Banglore Sex Workers, 
A Network of People Living with HIV, and a number of Criminal Activies Violence sexual minorities and human rights groups“Criminal Activies Violence sex workers has increased in the city ,” , a human rights activist ???




GaySex Parties , RAVE,Free HIV Do GAYSEX in INDIA  ??

Party-pooper Bangalore
"The number of parties in Bangalore has risen from one a month to 10," says Abhishek Aggarwal, event manager of Pink Nation, a Bangalore-based gay group. "In recent times though, we have had difficulty finding a venue."

He said hotels are not open to letting out their space to hold gay parties.  "Until recently, I was convinced Bangalore was gay-friendly," said Aggarwal. "But now, I feel otherwise."

Pune's warming up
In Pune, it's not conducive for gays to come out of the closet.

"Last year, 55 of us started off as a group. Today, we have 200 members," said Apphia K of a Pune-based LGBT group, Birds of a Feather. "We have straight friends in favour of equal human rights."

Delhi party hots up
Though there are no confirmed statistics on the rise of queer-related events in the capital, Mohnish Malhotra, an active member of queer activities, says, "Earlier, we had one party a week, but now at least four are held. Participation has also increased."

Looking down south
Girish Kumar of Humsafar Trust stresses on why Mumbai, not Delhi, is the gay capital. "Mumbai's outlook is more open than Delhi's. Bangalore is progressive, but has not yet reached the mark. So Mumbai is the the undisputed champion," says Kumar.

However, Vikram Doctor, founder of Gay Bombay, a support group for LGBT persons, feels Mumbai ranks next to Chennai in terms of facilities towards the community. "Tamil Nadu has policies for the LGBT community and has even offered houses and free medical supervision," he said.

(Inputs by  Varun Singh, Prachi Sibal, Debarati Palit and Shaivya Chauhan)


Dummy's guide to a gay party
So your girlfriend's best friend is gay and she wants you to tag along with him for a gay party. Or maybe a close friend just came out to you, and wants your support at the Gay Bombay bash in town.

If you get the jitters or develop cold feet, worry not. Gay gyaani gives you a few tips to having a rocking time at a gay bash without feeling like the odd man out!

>>  Treat it like another Saturday night out, except be ready to see more dudes than chicks on the dance floor.
>> Just because it's a gay party it doesn't mean you will be groped, frisked or 'man- handled'. Flirtatious glances and friendly smiles are all you will be welcomed with.
>> Girls, a gay party is the safest place to hang out. No worrying about bad pick-up lines or a serpentine queue outside the washroom.
>> If approached, don't get defensive. A polite, "Sorry, but I'm straight" line should do the trick.
>> Compared to a straight party, the damages are pretty low
(Rs 400-650). That leaves you enough reserve to spend on food and transport.
>> If you are a dude taking  your girl to a gay bash, take comfort in the fact that she will have eyes only for you (or maybe the pretty girl in the  mini skirt!).

Dating scene
Mumbai:
6,900*
Delhi: 6,500
Bangalore: 5,793
*Number of people online at any point of time on a popular gay site

Gay parties
Mumbai:
20 per month
Bangalore:
10 per month


''Queer'' is an offensive word :-  Homosexual People ?

The word
queer was first used to mean ‘homosexual’ in the early 20th century. It was originally, and usually still is, a deliberately derogatory term when used by heterosexual people

Reference/Source:

Page no. 1037, Coulmn 01 (see word "queer" );
Oxford Advanced Learner's Dictionary of Current English;
A S Hornby, Sixth Edition 2001;
Edited by Sally Wehmeier, Phonetic Editor Michael Ashby;
Oxford University Press;
Oxford, England, The United Kingdom of the Great Britain.
Section 377 Being Will struck down by the High Court forever ?

But now, they have one more reason to cheer. They can now buy queer literature online.

 "I think I am in the right place at the right time," says Mumbai-based Shobhna Kumar, founder-director, Queer Ink, an online store and publishing house for queer literature. It's website address is: www.queer-ink.com

"It is such an exciting time to be in India," says Shobhna, who is a lesbian herself.
"I see transformation everywhere and not just in the gay scene. I thought it was an apt time to launch and talk publicly about Queer Ink, which has been up and running for about two months now."

Fiji-born Shobhna says her transformation from bookworm to online bookstore owner came when she realised queer literature was inaccessible.

"While one can buy books from Amazon.com, it does not ship queer literature to India. There are certain books you cannot buy if you are here," she said.

Shobhna said the relative anonymity of online book shopping was a comfortable zone.

"Many have told me that they had to suffer smirks and sniggers in bookstores, if they reach out for queer-centric books. They also become acutely self-conscious. We send books to the respective addresses without the Queer Ink mark on top, just in case the recipient is uncomfortable with that," Shobhna said.

Shobhna said they had several orders from metros and two-tier towns.

"I see huge confidence in youngsters, who are open about their preferences today," said the businesswoman, who has a vision of translating the online endeavour to a real one some day.

"I would like to have a real bookstore for queer literature along with a coffee shop, some day," she said with a smile.

One can add where readers don't fear smirks but smiles, as they browse through titles or discuss 'The L Word' over a latte.

Saturday, June 26, 2010

HOW TO SPOT A HOMOSEXUAL, DEFEND AGAINST IT AND PROTECT YOUR CHILDREN





HOW TO SPOT THEM:
*********************************************
1) Homosexuals are usually of the Homo Sapiens variety.

2) Are not of the lumberjack profession.

3) Homosexuals live under a rainbow which is also their world wide distinguishing symbol. If you capture one without it noticing you they will grant you 3 wishes and then depart. Can often be seeing carrying huge cauldrons with gold around.

4) Homosexuals are avid supporters of the 9/11 bombing. Do not argue with them as they will use violence to support their arguments.

5) According to recent studies 1 out of 1000000 people are homosexuals! If you start counting people, on a bus stop per se, the moment you reach number 1000000 you almost certainly have found a homosexual. Warn the local authorities before taking any premature action.

6) Historians now believe homosexuals are a relatively new race as they exist since 1987, the year the Chernobyl reactor exploded mutating humanity worldwide. If a homosexual is approached with a radiation radar it will make a small "bzzzzzzzt" sound.

7) They often dress up in weird costumes such as all blue and the mystical word "POLICE" written on their backs which is a way our glorious government uses to distinguish them.

8) As masters of disguise they will often dress up as elderly people or little kids. It is important to unmask them on sight, do not be discouraged if their face skins starts to tear off as this is just another one of their uncanny tricks to make you stop.

HOW TO DEFEND AGAINST THEM
**********************************************

1) Be STRAIGHT.

2) Do NOT talk with them. You might catch "homosexuality". If you believe you are infected with it then follow these simple steps to cure yourself.
a*) Grab a table.
b*) Slam your head against it.
c*) Are you alive? If yes then go back to step b else continue to step d.
d*) You are cured of homosexuality.

3) Warn the local authorities. Do not try to be a hero, if you see a homosexual engaging in homosexual activities you should best leave it to the experts.

4) The best and most effective weapon against them is our Lord Jesus Christ who gave us natural selection and evolution. Since homosexuals CANNOT reproduce they are expected to be extinct by the year 2018

Sunday, June 20, 2010

Section377 News and Views ?

HANGING OF IRAN GAY TEENS

The Iran Student News Association has just released a new photo of the two gay teens -- one 18, one 17 -- hanged in the Iranian city of Mashad on July 19 as part of the Islamic Republic of Iran's lethal crackdown on gay people. This new photo, below, is even more gruesome and shocking than the previous photos of the two boys on the scaffold, and here it is: 

You can see a larger version of the photo above by clicking on it.  
The two boys were charged by the Islamic Republic of Iran with "rape" -- but multiple testimonies from inside the city of Mashad and from gay Iranian activists and journalists inside Iran received and reported by me make it clear that the "rape" charge against these two hanged boys was trumped up by the government as part of its lethal anti-gay pogrom against gay people. Iran's hanging of these two youths was illegal under international law, because the alleged "rape" with which they were charged is supposed to have occurred when both boys were under 18 -- and Iran is signatory to two international treaties by which it is committed not to execute minor children. Moreover, the two boys were held in prison for over a year, tortured, and probably raped by prison guards and police before their execution.
This anti-gay crackdown is part of the crusade against "moral corruption" promised by Iran's newly-elected President Ahmadinejad in his election campaign. This wave of anti-gay repression includes torture, forced confessions, beatings, lashings -- and a wide-ranging campaign of Internet entrapment of gay Iranians,  extensively described in my September 20 interview with Amir -- a 22-year-old gay Iranian torture victimclicking here.  who escaped to Turkey in August. In it, Amir recounts his arrest in a far-flung government Internet entrapment campaign targeting gays, his beating and torture at the hands of the police and the 100 lashes he was sentenced to just for being gay (this interview also includes stomach-turning photos of Amir's injuries). You can read this interview, which has now been republished world-wide, by
For background on the new wave of anti-gay repression in Iran, see my previous articles:  
(Updated); August 11 -- Iran Sources Question Rape Charges in Teen Executions; August 12 -- Two New Gay Executions Scheduled in Iran, Says Iranian Exile Group; August 17 -- Iran's Deadly Anti-Gay Crackdown: 
                        With Two More Executions Scheduled, 
                        the Pace of Repression Steps Up.


PESHAWAR, May 25: In an Unprecedented case here on Tuesday, a man and a Transvestite arrested on charges of eachother Were remanded Marrying Into the custody of local police for a single day by a local court. Forty Five Other persons, “including a box around transvestites, Charged by police for holding in the alleged marriage ceremony, Were sent to prison by the court or judicial magistrates, Syed Shaukatullah Shah.The arrested persons denied the charge and Stated That a birthday party or One of the transvestites were in progress When Police Raided it.

Their counsel had not Said That They Committed Any offense & the Entire incident took place Because of Some vested interest of the Concerned SHO, Shaukat Ali.The Said Were 47 persons arrested by officials or police station late on Monday Faqirabad from a plaza. Police alleged That They Received Report That marriage of the man, Malik Iqbal, about 45, and The Transvestite, Identified as Kashif alias Kiran, about 20, ate Would Take Place Malik Plaza, Situated on Dalazak Road.

The SHO, who was complainant in the case, claimed That When The marriage ceremony was in progress They Raided the place of occurrence and arrested 47 persons “including the Said the So-Called bride groom and the bride.

The Accused Charged are under section 3 and 4 of Dancing Act 1974, section 377 (Unnatural offense), 511 (attempts to commit offense), 294 (obscene acts and songs in public), 148 (rioting) and 149 (Unlawful assembly) or Pakistan Penal Code, read with section 13 of the Arms Ordinance.

“I have not Entered Writing Any Wedlock. This is a lie, “said Kashif alias Kiran. He added police had disrupted a function That and arrested on fabricated charges theme.

The advocates appearing for the detained persons Requested the court not to allow physical custody of the couple and alleged Also discharge all the arrested persons of the charge. They Said That Police had misused Innocent The laws and detained persons. They Requested the court to Quash Said the FIR.

The public prosecutor, Nisar Khan, cont That ended the case was in initial stages and only after the Investigation Could Be Accused persons discharged. He added the court or judicial That Magistrate had no authority to Quash an FIR.

In sheer disregard to the orders of Chief Justice Iftikhar Mohammad Chaudhry Pakistan That the transvestites and transgender persons Should Be Treated with respect, the local police Turned Them Into a laughing stock. Some of the policemen arrested Were seen Pinching the transvestites, who Were attired in colorful dresses female.

Police, who Normally Any Avoid giving information to journalists, gift easy access to the crews and private television channels as well as photographers and newspapers to film the persons detained at the police station as well as on the Way to Judicial Complex.The Were boarded detainees Brought into a bus and to the Judicial Complex. Despite scorching heat They Were Kept in the bus for many hours till the continuation of the court proceedings.

Large number of people “including lawyers and court officials thronged the court room to catch a glimpse of the couple as well as alleged Other transvestites arrested. They Were passing sarcastic remarks on theme.


Wednesday, June 2, 2010

HIV Infection on the Rise Among Men Who Have Sex with Men



RANGOON, June 3, 2010 (IPS) - The only son in his family, Maung Maung Oo was forced to marry when he was 24 years old. By then he had been carrying on a sexual relationship with a man for four years – which he continued even after his marriage.

For the next 14 years, Oo led a double life. But in 2005, he finally decided to be true to himself: He left his wife and three children for his male partner.

"My wife was so shocked when she learned of my affair with a man," says Oo. "But I can’t change how I feel though I have the body of a man."

Oo, however, is still living a life in the shadows. Although he and his partner are now living together, their relationship remains a secret to most people. "My partner does not want people to know we are living together as a couple," Oo explains. "He wants to pretend that we are brothers."

According to Ko Aye, who conducted a pioneering study on men who have sex with men (MSM) in Burma in 2003, stigma remains against people like Oo in this South-east Asian country of 48 million people. Yet while he says there is "not a very serious or strong reaction" against MSM, many MSM themselves apparently think there is a need to keep their "true identity" secret.

This has complicated efforts to limit, if not stop, the spread of HIV among MSM in the country. According to official data, HIV prevalence among MSM in Burma was 29.3 percent as of 2008, or 42 times higher than the national adult prevalence rate.

Men who have sex with men include both those who may not identify themselves as homosexual, and those who do and include those in sex work as well. Estimates by the Department of Health and the World Health Organisation put the MSM population in Burma, as of 2007, at 280,000.

Aye says that the stigma against MSM in general stems from "religious principle or traditional beliefs." This has led to people like well known make- up artist Soe Soe to believe that having relationships with men could not possibly be called "fortunate."

"We end up in this kind of life because of karma in the past," Soe Soe told IPS. "This is not what we choose to be."

It is a viewpoint that persists despite Aye’s observation of an improvement in the public attitude toward MSM. Thanks to the "development of information technology," Aye says, "people usually accept it" nowadays.

"For example," he says, "students may know a teacher is gay, but they accept him as a teacher."

There are also several prominent members of the entertainment and fashion sectors who are gay, whether they are out in the open or not, but enjoy public acclaim and respect.

Yet, for sure, it has not helped to reassure many that the government continues to portray homosexuality as "evil" or at the very least deserving of public scorn.

Just in February, the prominent ‘Bi-Weekly Eleven Journal’ ran an article quoting supposed medical experts as saying that homosexuality could lead to mental illness and sexual crimes.

Section 377 of the Penal Code also prohibits homosexuality, with penalties ranging from 10 years to life, plus fines. (A travel advisory by the British government says that in June 2007, an "EU national" was sentenced to seven years in prison in Burma for "committing homosexual acts.")

As a result, many MSM would rather keep their sexual preferences – and obviously their sexual lives – tightly under wraps. Chances are, too, they are reticent in seeking treatment even if they suspect that they already have HIV.

Soe Soe, for instance, says that he does not even "dare to join an MSM network."

In truth, despite the official condemnation of homosexuality, there are dozens of local MSM networks in major cities such as Rangoon and Mandalay, with local community-based organisations providing these with information and counselling services.

One of these networks is called ‘Golden Queen’, which has as members 45 MSM, including several who are living with HIV.

Unlike Soe Soe, Myo Tun, a sex worker who has an entirely male clientele, apparently thought nothing of becoming one of Golden Queen’s members. He says, "Whether society accepts us or not, we have already ended up in this life."

"We need to raise awareness among our fellow (MSM) as we are at high risk for HIV infection," he adds. "We often face problems of condom tearing. That could spread HIV easily."

Maung Maung Oo now knows this all too well. Two years ago, he discovered that an illness his partner was suffering from was actually one that comes with having AIDS. Not long after, he found out that he himself had it as well.

Unlike many other MSM in Burma, however, Oo and his partner did not hesitate in seeking treatment. They have since been regularly receiving anti- retroviral treatment from an international nongovernment organisation. Every six months, they also have their blood checked to monitor the number of white blood cells that fight infection and that helps indicate the stage of the disease in their system.

Oo says that when he first found out that his lover had HIV, "it was like a flame in my heart."

"If he dies," he says, "I think I’d also die soon after from depression."

And yet Oo says that he has found his life more meaningful than it was when he was still with his wife and children. "I believe there is real love between us," he says of his relationship with his partner. "Without that, how can we keep this relationship for 23 years?"

Sunday, May 30, 2010

Gays Not Welcome INDIAN Army ???



Gay rights activists might well hail the Delhi High Court”s liberal interpretation of Section 377 of Indian Penal Code as a landmark, but a natural extension of the ruling seems laden with the potential of rupturing the high-discipline fabric of the defence forces, particularly the 11-lakh-strong Indian Army.
Although homosexuality in the troops is a raging topic within the armies of Britain and the US, their Indian counterparts consider “certain forms of disgraceful conduct” a serious offence under Section 46 of the Indian Army Act, 1950.
Under the Indian military law, any person (soldier) found guilty of “any disgraceful conduct of a cruel, indecent or unnatural kind” can be punished with imprisonment extending up to seven years if so convicted by a court martial. The provision relates to homosexuality and its presence in the statutes for six decades, if not more, indicates that such behaviour was not alien to the troops.
While the British Army has openly welcomed the entry of gays into its ranks and upheld gays, bisexuals, transsexuals), the situation in the US is largely guided by a ” compromise formula” proposed by President Bill Clinton in 1993.
The formula ” better known as the ” don”t ask, don”t tell” policy ” prohibits gays and lesbians from speaking about their sexual orientation while serving in the US armed forces. The moment this line is breached, the officer or the soldier is liable to be dismissed from service. The US Congress has passed a law that categorically states that homosexuals are ineligible to be enlisted.
The armed forces” sex-segregated environment, particularly in the Indian social context, has the potential of making some personnel indulge in situational homosexual behaviour although, quite often, these men could be heterosexual otherwise.
Senior army officers, who have served in isolated field formations, admit that such “deviant behaviour” was not “very uncommon” but ” the context has to be understood”. “Izzat (pride) being paramount for a battalion, the offenders are never tried under Section 46. When such instances come to light, the accused is either tried under some other section or simply asked to put in his papers,” an officer explained.
The Indian Army Act (1950), a near- replica of the Indian Army Act (1911) brought in by the British, is a “special” legislation.
It is unaffected by the latest interpretation of Section 377 of IPC by the Delhi High Court and, therefore, “unnatural offences” continue to carry severe punishment for the troops.
“But the larger point is that if the government does not challenge the high court”s interpretation, it would have little authority to let Section 46 continue in the Army statutes,” said a senior Supreme Court lawyer.
Interestingly, while the Indian Army Act, drafted under British influence, considers homosexuality as a serious offence, the situation in the United Kingdom has undergone a radical change.
British Army chief General Richard Dannatt has since proclaimed full support to the enlisting of homosexuals into the force and termed it as a “command responsibility” vital for “operational effectiveness”. On Saturday, uniformed representatives from the army, navy and police attended the Gay Pride March at London”s Trafalgar Square, an event which was marked by the presence of Prime Minister”s wife Sarah Brown.
Another Indian Army officer said that the two contexts ” of Britain and India ” could not be compared.
“Fighting for gay rights is largely a metropolitan phenomenon in India. But the Army recruits its soldiers from the villages, where homosexuality is taboo and deviant behaviour. I dread to imagine the impact that scrapping or diluting of Section 46 would have on the forces. Let us see if the Indian lawmakers have the guts to indulge in any such misadventure,” he said. (End of Article)  
This article led me to think along the following lines -
1. Hindus have traditionally dealt with homosexual behaviors differently than have monotheistic (Abrahamic)societies. 
2. Whilst the US might have (had) its straightforward “Don’t ask Don’t tell” policy, we choose to couch our disapproval in more general tones. 
3. Hindusthan’s Army might have continued with a rule of British pedigree; however it’s not without basis in our own traditions. 
4. The feeling I got was that homosexuality should remain undeclared in the Armed forces, for once declared, the existence of such behavior amongst predominantly heterosexual soldiers, becomes untenable. This is true in most if not all organizations and much more so in the Armed forces where one cannot really maintain high morale without worshipping at the feet of a virile Manhood. 
5. But how is our civil-legal establishment taking in this scenario? Especially in the wake of the US Army repeal – will there be renewed calls and implorings for a copy-cat repeal of Section 46? It is heartening to note that as of now our Army is holding up liberal attempts to gate-crash its party but how much longer can it hold off? 
6. Hindu nationalists have uniformly been unflinching supporters of our Armed forces. I think we should start making our views on the subject clear if only as a mark of continued support for our forces’ traditions. 
From point of view of experience, the Section 377 drama has made certain things clear. 
a. Hindu traditions of co-existence can and will be subverted through legal processes. 
- For instance Section 377 (criminalizing homosexual behavior) would never have been a Hindu law because Hindus have dealt with homosexuality by terribly under-prioratizing it. However, the existence of a criminalizing law in Section 377 (instituted by alien rule) provided a handle to crusading liberals to move to decriminalize it thereby effectively legalizing such behavior. So, logically Section 46 must fall too. 
b. Silence on the part of Hindu nationalists will no longer do. 
- During the debates around Section 377 Hindu organizations did not adopt a combative contrarian stance. Except for individual nationalists, there wasn’t really much official Hindu noise. This unwholesome silence encouraged homosexual activists and their friends to hijack the Hindu platform proclaiming “different sexualities are celebrated within Hindu society”. This claim should have been immediately contested and the record set straight. We should have been telling them that Hindu society whilst recognizing the existence of sexualities, nevertheless does not legitimize them as equally valid. 
If Hindu organizations think that there is no threat to our Forces, they need only look at the US Army today. Nothing is impossible with a Barak Obama in our Law Ministry. 
Hindu organizations should at least articulate a loud and clear stance on the subject. 
In closing, 
I would like to point to a very perceptive comment by 
“Tim W”on Lawrence Auster’s site on the topic of the US Army repeal -   
Homosexuals are by definition individuals who are sexually attracted to persons of the same sex. A male homosexual desires other males. Lesbians desire other females. This is obvious, yet it is ignored in media or political discussions of certain homosexual agenda issues. Homosexuals have been trying for years to force the Boy Scouts of America to accept homosexual scoutmasters. These men would take young boys camping. I’ve heard people defend this by claiming that homosexuals are no more likely than heterosexuals to molest children. I don’t believe that’s true, but even if it is, it’s irrelevant. It would be relevant only if adult straight males were demanding the right to take little girls camping. Can you imagine the outrage if heterosexual men were making such a demand?   
Congress is now moving to admit open homosexuals to the military. We’re told that homosexuals are no more likely to engage in sexual misconduct or harassment than heterosexuals. That’s debatable, but so what? Heterosexual men in the military don’t bunk down and shower with the women. But homosexual men will indeed bunk down and shower with the other males if Obama gets his way. Ditto for lesbians and the other females. There would be universal outrage if heterosexual male soldiers demanded to shower with naked female soldiers, but naked male soldiers are expected to shower with homosexuals who might desire them. Female soldiers are expected to shower with lesbians.  
What we’re being told, indirectly, is that homosexuality is a more enlightened form of sexuality. We can’t allow young men to take girls camping because that would lead to pedophilia, but it’s no problem to let homosexual men take boys camping. We can’t let heterosexual males shower or bed down with females in the military. That would lead to sexual harassment, and the ladies would feel uncomfortable that a bunch of lustful guys are seeing them nude. But no one of either sex should have any problem with being in such a situation with a homosexual. Heterosexuals can be barred from situations where sexually improper behavior might result, but homosexuals cannot. Indeed, they have a right not to be barred.