Category Archives: Law

Law, Right watch

A Critique of The Draft Rights of Persons with Disabilities Bill, 2014: Amba Salelkar

7 Comments

Guest post by  Amba Salelkar, Inclusive Planet Centre for Disability Law and Policy 

The Rights of Persons with Disabilities Bill was meant to be an enactment to codify India’s obligations under the UNCRPD, which it ratified without reservations. There was a Committee set up in 2009 by the Ministry of Social Justice and Empowerment, headed by Smt. Sudha Kaul, to draft a Bill to this effect. Like the UNCRPD says, the Committee included different people with disabilities – across disabilities – to draft this Bill. The Draft Bill of 2011 was submitted to the Ministry, and in response to that or otherwise, the Ministry released a Draft Bill in 2012, which are both on the Ministry’s website.

The Draft Bill of 2012 is not as comprehensive and inclusive as the 2011 one, and there were certain serious issues raised before the Ministry on the notification of the 2012 Draft. Thereafter the Draft, apparently still in its 2012 format, went to the various Cabinet Minstries, and then circulated among States. Some version of this Bill was cleared by Cabinet in December 2013. Thereafter, organizations of persons with disabilities, confident that the 2012 Draft was intact, began protests for the speedy introduction and passage of the Bill. I do not know why they did not believe that there had been changes made, but I assume it was in good faith. These protests were largely led by groups in Delhi who had better access to information. Some pockets of regional groups were demanding for information on the contents of the Bill. They remained unanswered. Meenakshi B of the Disability Rights Alliance, Tamil Nadu, followed up with the Ministries and the general passage of the Bill, and she was told that the Bill was ‘top secret’. Vaishnavi J, one of the founders of The Banyan, also received similar cryptic feedback.

Continue reading A Critique of The Draft Rights of Persons with Disabilities Bill, 2014: Amba Salelkar →

Bad ideas, Culture, Debates, Language, Law, Right watch, Sex

Homophobia and Islamobphobia – The Jamaat e Islami Hind and the Supreme Court’s Decision on Section 377: Fahad Hashmi

8 Comments

Guest Post by Fahad Hashmi

[ Yesterday, the Supreme Court of India, dismissed the ‘review petition’ that had been filed with a plea to reverse the Supreme Court’s recent (December 2013) decision to uphold the constitutionality of Section 377 of the IPC. This decision effectively ‘re-criminalized’ Homosexuality in India and is a severe blow to human rights. Various religious groups, Hindu, Muslim and Christian had appealed to the Supreme Court to act against the rights and interests of homosexuals. In a sad instance of the erosion of  secular and democratic values, the Supreme Court has endorsed their view. The Jamaat -e-Islami Hind, a right wing, muslim fundamentalist organization that claims to speak for Indian Muslims has welcomed the Supreme Court’s decision. This post by Fahad Hashmi attacks the Jamaat-e-Islami Hind’s position on homosexuality and challenges its claim to speak in the name of muslims and their faith. We see it as an important contribution to the ongoing discussion on section 377 on Kafila ]

“There was once…a sad city, the saddest of cities, a city so ruinously sad that it had forgotten its name.
In the north of the sad city stood mighty factories in which (so I’m told) sadness was actually manufactured, packaged and sent all over the world, which never seemed to get enough of it. Black smoke poured out of the chimneys of the sadness factories and hung over the city like bad news”.
(Haroun and Sea of Stories, Salman Rushdie)

It is one of the ironies of democracies across the world that minorities of all shades are always in the crosshairs of majoritarianism. This minority-majority is a function of numbers and power though this is not a thorough definition since we have had seen altered power equation of this binary. The apartheid South Africa is a case in point. For stating the obvious the strength of a democracy is a function of safety and rights that minorities enjoy in it. However, minorities on the whole are always drawing majority’s fire. On the subcontinent one could see this happening in Pakistan, Bangladesh, Sri Lanka, and of course India is not an exception.

Continue reading Homophobia and Islamobphobia – The Jamaat e Islami Hind and the Supreme Court’s Decision on Section 377: Fahad Hashmi →

Bad ideas, Culture, Everyday Life, Feminism, Genders, Government, Language, Law, Media politics, Movements, Politics, Sex, Violence/Conflict

For the sake of Form

9 Comments

The Aam Admi Party it seems has now decided to hit back at critics by uploading videos on Youtube to defend the controversial actions of Somnath Bharti, its Law Minister in Delhi done purportedly ‘in public interest’. Bharti has been chastised even by AAP supporters for his vigilantism and for trying to force the Delhi police to raid the house of suspected sex and drug racketeers and who in fact ‘helped’, along with his followers to catch two of the fleeing women.

Eight videos have been uploaded. They, according to the party contain incriminating evidence to prove that sex and drug racketeers were very much active in that area. Reporting the videos The Times of India says “… some of the scenes are not so easy to judge. Two clips show an African national walking around naked in the area. In another, three women in a car are rubbing some substance in their hands. Yet another shows several condoms lying about a car.” .

We do indeed see an African national moving around naked in the video. This is supposed to prove the allegation by the party that drugs are being used as according to one AAP worker “Walking around naked like this is an after-effect of drugs and this is a regular occurrence in the area”. You can also see for yourself condoms lying in the car. Do you need any more evidence to prove that the occupants of the car were indeed prostitutes carrying condoms with them and luring men to indulge in sex? Why are these three women rubbing some substance in their hands or trying to hide something by putting on gloves? Continue reading For the sake of Form →

Bad ideas, Everyday Life, Law, Mirror Worlds

Somnath Bharti and the Terrible, Everyday Racism of a South Delhi Mohalla: Aastha Chauhan

18 Comments

This article by AASTHA CHAUHAN was originally published on the Yahoo! News India web site. It is being republished  here so that it reaches a different audience because there is an urgent necessity to widen the discussion on racism in India. 

In the decade that I’ve been working in Khirki Extension in south Delhi, I’ve known it as a neighborhood in a constant state of flux.

When I first began working at KHOJ, an international artists’ association located in Khirki Extension in 2004, the neighborhood was home to architects’ studios, a theatre studio and various offices, followed by a wave of musicians and artists. It was a locality comprised mainly of houses, some built by well-known architects such as Ramu Katakam and Ashok B Lall. Even Jaya Jaitly had a house there. Soon enough, these large plots were sold to builders, who put in apartments that could accommodate more people. But given the terrible infrastructure in the area, with its poor roads and drainage and its tendency to get flooded, many of its earlier residents moved out. Continue reading Somnath Bharti and the Terrible, Everyday Racism of a South Delhi Mohalla: Aastha Chauhan →

Bad ideas, Everyday Life, Feminism, Government, Law, Metropolis

Protest Against Delhi Law Minister Somnath Bharti’s Racist Vigilantism in Delhi: Kavita Krishnan

27 Comments

Guest Post by KAVITA KRISHNAN

Many of us have felt disturbed by the implications of the incident involving the Delhi Law Minister’s attempted raid on African nationals in Khidki village.

The Minister, Somnath Bharti, (a member of the Aam Aadmii Party) insisted that the police conduct a raid minus a search warrant. Two African women have said, on record, that they were subjected to racist abuse (‘black people break laws’) and beaten by a mob of people (the Minister’s supporters), and that it was the Delhi police who protected them from the mob violence.

[ See Aditya Nigam’s post on the same issue in Kafila earlier ]

There are also reports that one of the women was forced to give a urine sample in public. The women were also subjected to cavity searches and tests – none of which yielded any sign of drugs. The violence against the women was defended in the name of anger against ‘prostitution’ and ‘drug peddling’, while no proof of the same has been presented as yet. In any case, the treatment meted out to the women cannot be justified even if they were indeed prostitutes! Continue reading Protest Against Delhi Law Minister Somnath Bharti’s Racist Vigilantism in Delhi: Kavita Krishnan →

Debates, Law, Politics, Right watch

Naz and its detractors: A response by Jordan Osserman

4 Comments

Guest Post by Jordan Osserman

Amidst the outcry of queer rage and mourning against the Supreme Court judgment has emerged a strand of skepticism (For examples See here , here and here)  from within queer circles, directed at the participants in the anti-377 campaign. These skeptics allege that the 377 organizers failed to adequately consider the impact of their activism on the most marginal queers in India (lower class/caste hijras, kothis, MSM, etc.). In the most biting version of the critique, the 377 campaign is portrayed as an elite middle class movement, fueled by foreign-funded NGOs, against a largely symbolic, immaterial enemy. 377, these critics allege, was never a central cause of LGBT oppression; a paper tiger, relatively unknown by police and Indian society writ large until middle-class queers arbitrarily put it on the agenda and invested it with symbolic meaning. To the extent that marginal sexual minorities have been represented at all, their voices have been appropriated in the service of a campaign at best irrelevant, and at worst dangerous, to their lives.

In this post, I’d like to challenge some of these claims. We can summarize the critics’ arguments as follows: 1. Section 377 has not historically targeted LGBT people, and rarely affected the lives of sexual minorities prior to the activist mobilization against it. 2. Instead of fighting 377, activists should have prioritized campaigns which would concretely benefit LGBT people, particularly the most marginalized. Alternately, if the 377 campaign had to go forward, the legal strategy and organizing should have been more inclusive. 3. The “liberal outrage” against 377 may be as much to blame for violence justified in the name of the law as the Supreme Court’s decision. For, now that queer activists and the Indian media have popularized the notion that the Supreme Court has “re-criminalized homosexuality,” homophobes have become aware of a new weapon with which to target sexual minorities. I will attempt to address these interlinked arguments in their respective order, before drawing some final conclusions about activism and organizing.

Continue reading Naz and its detractors: A response by Jordan Osserman →

Bad ideas, Culture, Everyday Life, Genders, Identities, Law, Sex

Why I prefer the company of homophobic people: Anonymous

19 Comments

Guest post by ANONYMOUS

It may be a strange thing for a gay man to say, but I welcome the Supreme Court judgement re-criminalising the sexual acts I feel naturally inclined to engage in.

As someone who chooses to admit to his sexuality only before other gay men, and that too very selectively, you could call me closeted. Which means that I don’t feel as unfortunate as the ‘out’ lot which feels as though Indian law is asking it to go back into the closet.

I personally welcome the Supreme Court judgement because it will drill some sense of reality into my straight liberal friends who keep pestering, taunting, hinting, trying to make me say, ‘I am gay’. They will realise that there’s enough homophobia out there, enough of it for the Indian Supreme Court, considered a liberal institution, to re-criminalise ‘unnatural sex’. That gives me some semblance of an excuse, or so I hope, to remain closeted. Continue reading Why I prefer the company of homophobic people: Anonymous →

Bad ideas, Genders, Identities, Law, Movements, Politics, Right watch, Sex

Sex and the courtroom

3 Comments

A politician is exposed using State surveillance to allegedly woo his love interest. An editor tells a reporter his daughter’s age that the easiest way for her to keep her job would be to have sex with him. A godman and his son are both arrested for sexual assault and rape. A riot in Muzaffarnagar over false rumours of inter-religious ‘eve teasing’ left 48 dead and 15,000 homeless. The debate on rape, consent, gender relations sparked by December 16, 2012 continued throughout 2013. And by the end of it the Indian Supreme Court decided that the Indian Constitution’s letter and spirit were not being violated by criminalising consenting adults for having sex, in case the sex happened to be anything other than peno-vaginal.

India 2013 is like a pubescent 13 year old realising there’s something about the body that the mind needs to grapple with. There’s something about power, pleasure, social mores, class, law and so on, that comes together in the body and negotiates its way through bodily desire. There’s a sexual churning out there, and it’s not as titillating as the annual sex surveys news magazines do, nor is it as literary and profound as the language an incarcerated editor wields. Continue reading Sex and the courtroom →

Language, Law, Violence/Conflict

Magistrate Ganatra’s Dictionary and the Crime Scene of Language

7 Comments

Written in the wake of the dismissal of Zakia Jafri’s Petition by an Ahmedabad Metropolitan Magistrate’s Court

On 13th June, 1971, a courageous Pakistani journalist called Anthony Mascaranhas published an article in the Sunday Times, London, which was headlined ‘Genocide‘. The story of how this article got to be written and published is noteworthy in itself – and is an object lesson in how an ethical journalist takes and follows through a difficult decision. Forty two years later, Is it too late to wonder if a Gujarati magistrate could have taken an ethical leaf out of a Pakistani-Goan journalist’s lexicon?

Continue reading Magistrate Ganatra’s Dictionary and the Crime Scene of Language →

Law, Right watch

Naz and Notional Equality: Aman

4 Comments


 A guest post by Aman finds fault with the Supreme Court’s reasoning on equality

In Suresh Kumar Koushal and another v. Naz Foundation and others (Naz), the Supreme Court notes that, ‘It is relevant to mention here that the Section 377 IPC does not criminalize a particular people or identity or orientation. It merely identifies certain acts which if committed would constitute an offence. Such a prohibition regulates sexual conduct regardless of gender identity and orientation.’ By concentrating on the acts and not people, it is perhaps tries to convince us (and perhaps itself) that this is not a debate about homosexuality. However, the short-sightedness of the Supreme Court in discounting how these ‘acts’ are so fundamentally connected to a group’s orientation/identity is clear; it does exactly what it says it’s not doing (i.e. criminalize a particular people or identity or orientation).

The text of section 377 is facially neutral and applies to all people but it is not very difficult to see that the provision impacts homosexuals. As mentioned earlier, the so called ‘unnatural acts’ are the only ways homosexuals can have sex. This obviously implies that it is the homosexuals who have to continue bearing the stigma of being a criminal. The symbolic effect of branding homosexuals as criminals was evinced by the Delhi High Court when it said that provisions like these add to the reasons for homosexuality being treated as bent, queer, repugnant, deviant and perverse, leading to further marginalisation of the homosexuals. What could have been an attempt by the Indian judiciary to bring down one of the obstructions for integration, has become an enforcement of a dominant notion of ‘natural’ sex which will naturally lead to concealment of true identity of many people who are anyway struggling in the society to prove that they are normal.

Continue reading Naz and Notional Equality: Aman →

Culture, Language, Law, Movements

An Appeal for restraint to all by the family and friends of Khurshid Anwar

5 Comments

Guest post by The Campaign for Khurshid Anwar

We are friends, family and well-wishers of the late Dr. Khurshid Anwar.  We have come together to keep alive the memory of his signal contribution to peace, secularism and communal harmony in the subcontinent, including his pioneering work in training thousands of volunteers to uphold these ideals over a long career as a grassroots activist.

We are deeply shocked and concerned at the trial by media and social media, which he was irresponsibly subjected to in the last few months, on a matter which had never been subjected to any kind of formal scrutiny by any responsible authority.

We seek to catalyze discussions on these aspects, via blogs, social media as well as public events and in responsible sections of the mainstream press. We strongly affirm the freedom of expression of the press as well as of individuals, but insist that such freedoms place an onus upon all to act with responsibility.

In keeping with this spirit of responsibility, we strongly discourage and dissociate ourselves from any attempts to reveal the identity of, or otherwise target the lady who has leveled serious allegations against Dr Anwar. As his family, personal friends and comrades, we do find it impossible to believe such allegations against a fiercely committed feminist such as himself, but do not presume to judge the matter ourselves.

Anybody who is indulging in any irresponsible statements about the lady in question is only doing a disservice to the memory of Khurshid Anwar.

We request all those commenting on the matter to desist from any conjectures and speculation upon the matter, and let the investigation take its course.

Ali Javed
Meenakshi Sundriyal
Ritwik Agrawal

On behalf of:

The Campaign for Khurshid Anwar

campaignforkhurshidanwar@gmail.com

https://www.facebook.com/pages/Justice-For-Khurshid-Anwar-STOP-the-Media-Trials

Capitalism, Everyday Life, Government, Law

Khobragade’s Arrest – Labour Law Violation Issue, Not Foreign Policy Issue: Gharelu Kaamgaar Sangathan and NTUI

23 Comments

Guest Post by GHARELU KAAMGAAR SANGATHAN, (GKS) Haryana & New Trade Union Initiative (NTUI)

We express strong outrage at the Indian government’s reaction to the case of visa fraud and exploitation of her domestic worker against Deputy Consul General Devyani Khobragade in the United States. In its dealing of the case, the Indian government is only seeking to protect the dignity and honour of Ms. Khobragade, and has shown a complete lack of respect for the underlying issue – that of the abuse and exploitation of a domestic worker by a senior official. Ms. Khobragade’s father, Mr. Uttam Khobragade, is a politician and has a played a harmful role in suppressing the facts of the case and in diverting attention from it.

Continue reading Khobragade’s Arrest – Labour Law Violation Issue, Not Foreign Policy Issue: Gharelu Kaamgaar Sangathan and NTUI →

Frontiers, Genders, Law, Mirror Worlds

Section 377 and the Love with Odd Edges: Pallavi Paul

9 Comments

A Guest Post by PALLAVI PAUL

It is like watching an 80’s slasher film on an old VHS. The gruesomeness of mangled bodies, extra slimy trails of thick blood, intestines plastered against the screen. Parts of the image are eaten up by the glitch-ghosts that hang above them.  The erased bits , however, intensify the onset of the apocalypse instead of putting it away. It is impossible to tell whether something is happening, happened or will happen. Time is put through a particle accelerator, and what follows is a journey through a dilapidated scene of crime, with pure tone for background score.

Continue reading Section 377 and the Love with Odd Edges: Pallavi Paul →

Bad ideas, Debates, Law, Sex

Dear Supreme Court: Inder Salim

5 Comments

Guest Post by INDER SALIM

Dear Supreme Court,

I am personally glad that your recent verdict on Article 377 has sparked a debate on the nature of “SEX “in India.

Continue reading Dear Supreme Court: Inder Salim →

Debates, Law, Movements, Sex

JTSA extends support to the LGBT community, calls for committed judicial activism: JTSA

2 Comments

Guest Post by JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

On 11 December, 2013 a two judge bench of the Supreme Court of India (SC) ruled that section 377 of the Indian Penal Code (IPC), which considers homosexuality a criminal offence, does not ‘suffer from the vice of unconstitutionality’ and hence, legally valid.  By this highly regrettable ruling the apex court astounded and disappointed not only the LGBT community but the wider public at large.

Continue reading JTSA extends support to the LGBT community, calls for committed judicial activism: JTSA →

Language, Law, Right watch

Size does matter your lordships – A letter to the Supreme Court: Siddharth Narrain

7 Comments

SIDDHARTH NARRAIN based on his legal and extra legal expertise arrives at the conclusion that size does matter

A LETTER TO YOUR LORDSHIPS

Your Lordships have called us, LGBT Indians, a “miniscule minority”. Never mind that statistically we constitute at least four per cent of the population, which are over four million people. Your Lordships say that there are only 200 persons impacted by section 377 over the last 150 years. Never mind that there are millions of LGBT persons who have been under the shadow of this law over the last 150 years, discriminated against, blackmailed, harassed, outed to their families, driven to suicide, forcibly married, diagnosed as mentally ill, raped, assaulted, and disinherited.

Your Lordships say we are a “miniscule minority”. Since you are so fond of dictionaries, lets flip one open.

Miniscule: The adjective miniscule is etymologically related to minus, but associations with mini have produced the spelling variant miniscule. Continue reading Size does matter your lordships – A letter to the Supreme Court: Siddharth Narrain →

Genders, Law, Right watch, Sex

Section 377 and India Shining: Pronoy Rai

5 Comments

Guest Post by PRONOY RAI

It is 2004 all over again. India is shining. Such a difference a decade can make. BJP is on the verge of returning to power, Modi could be India’s next Prime Minister, and the many failures of the UPA could give a new lease of life to Hindutva, if it was dead at all. As India shines, the state (its judicial arm, in this case) has abandoned the queers, questioning their claim to the status of “minority”, rendering them vulnerable to brutality at the hands of the hetero-normative society and other arms of the state (police, for instance), in equal measures. Other minority groups, strangely, or perhaps not so strangely, fought against the claim to citizenship of a (sexual) minority group, decisively defeating them at the altar of justice. 

Some of us queers, who stuck to every single word that was written in 2004 that went on to show how agrarian distress, farmer suicides, and saffronization of education didn’t quite add up to a shining India, were left puzzled by the reaction of the BJP to the Supreme Court verdict upholding section 377 in its original, pristine self. You’d think that the shrewd right-wing would take on the first opportunity to invoke a very obvious ancient Indian “culture of homosexuality” to make a progressive argument in favor of decriminalization. You’d assume that in a ravaging hunger to return to power, they would try to bring on board every single group that they can, maybe only later to abandon them, but at least carry them along through elections. Alas, no. For the BJP, India is still shining, and this shining confidence is perhaps sufficient to help them march into 7 Race Course Road, next year.  Continue reading Section 377 and India Shining: Pronoy Rai →

Debates, Genders, Law, Sex

An anti-constitutional judgement: Johannes Manjrekar

1 Comment

Guest Post by JOHANNES MANJREKAR

The ruling by a two-member bench of the Supreme Court, striking down the judgement of the Delhi high Court which had held that Article 377 – a pre-Constitution, 19th century colonial-era law – violated the spirit and directive principles of the Indian Constitution, seems to break new ground in jurisprudence. In an era where governments worldwide have been engaged in systematically rolling back hard-won civil liberties and individual rights and violating constitutionally guaranteed freedoms and principles, one might be excused for believing that the most urgent duty of an independent judiciary endowed with a reasonable degree of conviction and courage, would be to curb the transgressions of governments against the principles laid down in their own constitutions. The recent ruling of the SC does little to encourage such a belief. Continue reading An anti-constitutional judgement: Johannes Manjrekar →

Law, Right watch, Sex

Contempt of Citizens: Mayur Suresh

1 Comment

MAYUR SURESH   finds the Supreme Court guilty of contempt (of citizens)

Contempt: – The word ‘contempt’ comes from the Latin word “contemptus” and much like its modern counterpart, is the feeling that a person or a thing is worthless or deserving scorn.

Contempt is a feeling that is often felt by Lesbian, gay, bisexual and transgender people in India. It’s been meted out to LGBT people equally by the British who aimed to civilise us, and those today who seek to ‘preserve our culture’. An 1838 report on the Draft Penal Code called homosexual acts a “revolting subject” and said that the “frequency” of homosexuality in India “remained a stain on this land.” In 1934, the High Court of Sindh called a man who had consensual sex with another man “a despicable specimen of humanity”. Not to be left behind, those appellants who approached the Supreme Court reserved the choicest of contemptuous words for LGBT people in India: “disgusting”, “filthy”, “delinquents”.

Continue reading Contempt of Citizens: Mayur Suresh →

Law, Right watch, Scams, Sex

Crimes of Unreason: Danish Sheikh

10 Comments

A post on the cowardly judgment of the Supreme Court by DANISH SHEIKH. I term it a cowardly decision because if it had said that we are homophobic then it would at least have been admirable for its honesty if not for its belief. It instead chooses to mask its homophobia with crimes of unreason

Now you’re legal – Now you’re not!

With the ease of a particularly sadistic magic trick, a 98 page document has sent millions of LGBT individuals time-warping back into pre-2009 criminality. If there were any constitutional justifications for this act, they are not to be found lurking in the pages of this shockingly poorly reasoned decision. The Supreme Court has taken a chainsaw to one of the most beloved court decisions of our time, and surgically extracted everything that made it such an important verdict. Besides, of course, that little side business of equal-moral-citizenship granting. A broader walkthrough the shoddiness of the judgment can be found  here, (http://kafila.org/2013/12/12/we-dissent-siddharth-narrain/) I’m presently looking at some of the more egregious of its violations. Continue reading Crimes of Unreason: Danish Sheikh →

Law, Right watch, Sex

We Dissent: Siddharth Narrain

27 Comments

A preliminary walk through the unreason of the Supreme Court in the 377 judgment by SIDDHARTH NARRAIN

We hope to see many more pieces which exposes the judgment for what it is- an example of judicial non application of mind. I have also written a short piece looking at the judgment in the context of the Mandela moment

The Supreme Court’s decision in Suresh Kumar Kaushal & Another v. Naz Foundation & Others is an unprecedented ruling, deciding to turn the clock back to pre-July 2009, when LGBT persons were criminalized by section 377 of the Indian Penal Code. On close reading, the judgment is based on a narrow and blindfolded interpretation of the law, ignoring the momentous changes in society and notions of morality that India is witnessing. Further, the judgment, in many parts, relies on shaky precedent, does not explain the logic of its conclusions, and is surprisingly dismissive of substantial evidence that was placed before it. Continue reading We Dissent: Siddharth Narrain →