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:  

July 21 -- Iran Executes Two Gay Teenagers 

(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.

August 25 -- Iran's Anti-Gay Purge Grows: Reports of New Executions. 

September 8 -Iran and the Death of Gay Activism. 

September 20 -- "They'll Kill Me" -- A Gay Iranian Torture Victim Speaks of His Ordeal

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.

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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?"

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.

Wake-UP Call on section377 Encourages GAYSEX Will Destroy Social Fabric in INDIA ?

Wake-UP Call on section377  Encourages GAYSEX 
Will Destroy Social Fabric in INDIA ?

Editors note: We are outraged by the objectionable advertisement on Midday. Today, Mid day news paper from Mumbai carried an objectionable advertisement- A public notice alleging that a person called Mr. Afsar Shaik is HIV positive and the public should be beware. This advertisement with the photo of Mr. Afar  is a violation of Mr. Afsar's privacy and confidentiality.
The Mid day editor and the person placed this advertisement must be punished to the maximum extent permissible under the relevant laws. 
NACO and Mumbai AIDS Control Society must act immediately. Readers of AIDS INDIA are requested to write to mid day articulating your objection
Dear All,
A highly objectionable public notice about an HIV infected person has appeared in today's MIDDAY on page 5.
http://www.mid-day.com/epaper/index.htm
A 'responsible' newspaper of Mumbai,  Midday has acted in utterly bad taste and has evinced unsound judgement, the moment it was decided by themto print (WITH PHOTOGRAPH !!!) such a public notice .
We all  feel very strongly about the issue and as an enlightened citizen/as an HIV programme implementers struggling to fight the second epidemic of stigma and discrimination, we must voice our concern to the newpaper by sending a feedback at
http://www.mid-day.com//contact.htm
There has to be ZERO TOLERANCE to any such (even if inadvertent) acts.
In camaraderie,
Dr.Rajesh Gopal.
e-mail:dr_rajeshg@yahoo.com

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Physical assault by gays traumatises young boys

Seventeen-year-old Nagesh (name changed) was on his way home from tuition classes late evening in a crowded public bus when he experienced his first sexual assault - a middle-aged man groped his private parts for more than a few minutes. The shocked teenager, who was coming to terms his homosexual orientation at the time, was repulsed enough to wonder why he was ‘not normal’.
While eve-teasing grabs headlines, the experiences of effeminate and gay men, or youngsters confused about their sexual preferences, being harassed by other men, comes as a surprise to many. “When a homosexual man walks out in public, he is always braced for some form of verbal or sexual assault,” says Mr Sunil Menon, fashion choreographer and founder of Sahodaran, a support group for men who have sex with men (MSMs). From lewd catcalling to groping, and even roughing up, just like in the case of women, the male homosexual victims are disturbed by the incident.
“But these occurrences happen every day, in public transport and even in high-end circles like clubs. Eventually, one gets used to it and begins to treat it as a normal part of their life,” Mr Menon says, pointing out that there is no legal recourse for the victim even if he were to muster enough courage to file a complaint.
However, not all attacks are gender-specific as in the case of those offenders suffering from a psychological condition called frotterism, says sexologist, Dr Narayan Reddy. “Some men need any kind of body contact, either male or female, to get sexual release which they achieve by rubbing themselves against the other person,” he explains. "The impact of such episodes has led to sexual aversion in some patients,” he adde