No Adverse Impact on Society by Legalising Gay Sex - Gay rights activists say

Gay rights activists today argued before the Supreme Court that decriminalising gay sex has not made any negative impact on society as apprehended by people opposing homosexuality.

"Almost nine months have passed since the judgement was announced and no harm has been caused to Indian society or culture or traditions," Naz Foundation, an NGO on whose petition the Delhi High Court had legalised gay sex, said in its reply.

The NGO opposed the contention that legalisation of gay sex would result in spreading of AIDS in the society and submitted that there is no scientific basis for it.

The NGO filed its response against various petitions filed by anti-gay rights activists and religious organisations seeking quashing of July 2 landmark verdict of the High Court legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.

"Homosexuality is not a concept alien to Indian culture. In fact, it has been an inherent part of the Indian culture and civilisation," the NGO claimed, adding "criminalisation of sexuality, on the other hand, including homosexuality, is alien to Indian culture."

The apex court had earlier issued a notice to the Centre on a petition filed by a Christian body, a disciple of Yoga guru Ramdev and a astrologer Suresh Kumar Kaushal seeking a stay on the High Court verdict legalising gay sex on the ground it will have a catastrophic effect on the society's moral fabric.

All the petitioners have sought setting aside of the July two High Court verdict legalising gay sex between consenting adults in private.

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Indian Govt. hired top lawyer in Dubai to file an appeal

The Centre has hired a top lawyer in Dubai to file an appeal against the death sentence to 17 Indians, minister of state for external affairs Preneet Kaur said on Monday. She assured a delegation of families of the convicts here that the government would do its best to ensure justice in the matter.

Preneet Kaur said the Indian consulate in Dubai had been sounded on the matter. The families interested in visiting their wards in Dubai would be granted visa relaxation, she said.

Sukhwinder Kaur, whose son Taranjeet (23) is among the 17 convicts, said the minister had assured them that special secretary, foreign affairs, would be sent to UAE to meet the convicts. “The government is making all efforts to help us,” she said.

Her son left for Dubai around one-and-a-half years back. “We only knew that Taranjeet was arrested on suspicion. Now he is facing death,” she said. Parminder Kaur, whose husband, Kashmir Singh, figures in the list of the 17 convicts, said they were shattered with the harsh sentence.

“We are exploring all options to save them and that’s why we met the minister. I am satisfied with the outcome of the meeting,” she said. Meanwhile, prayer meetings were held in Ludhiana and Jalandhar for the convicts’ well-being.

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Delhi HC to hear first petition under Right to Education

A class VI girl has moved the Delhi High Court against her school’s decision which chose to expel her because she failed in her final examinations and has asked for the court’s intervention to get her studies resumed in the same school.

Accusing St Xavier’s Senior Secondary School for violating her fundamental Right to education, the VI class student Suman Bhati has alleged that the school expelled her on the grounds that she failed in her final examination. Now she has no place to go her father Naresh Bhati alleged.

The writ petition filed under Article 226 of the Constitution in the Delhi High Court yesterday by the lawyers Ashok Agarwal and Ms Kusum on behalf of Bhati against St Xavier’s Senior Secondary School for violating the child’s fundamental rights as well as violating the law of Right to Education and also against the Director of Education, GNCT for failing to take action against the school in accordance with law to allow the girl to continue her studies in the school.

The petition has alleged that the action on the part of the Xavier’s Senior Secondary School against the student for expelling her from the school on March 17, 2010 is illegal, anti-child, arbitrary, unjust, punitive in nature, unethical discriminatory, unconstitutional, violative of the provisions of the Delhi School Education Act, 1973, The Right of Children to Free and Compulsory Education Act, 2009, hit by the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with UN Convention on the Rights of the Child (1989).

The petitioner has submitted that she has been a regular student of the respondent-school since KG. While the petitioner was studying in class IV, she failed in the examination and was detained in the same class. Thereafter, she qualified the Class IV examination and promoted to Class V.

On March 27, 2010, the Principal handed over the marks-sheet of Class VI to the petitioner’s father with the following remark: detained and withdrawn. It was also told to the parent verbally that the student had been removed from the school from now on. Mr Bhati requested the Principal of the school to not to remove his daughter as it would ruin the future of his child. He also submitted in written to the Principal with a request to permit her child to continue her studies in the school.

However, the principal remained adamant throughout and declined to accept the request of the parent.

Mr Bhati then approached Social Jurist, A Civil Rights Group with a request to help the child. It is submitted that the Social Jurist sent a phonogram on March 31 to the school followed by a representation requesting the school to forthwith allow the petitioner to continue her studies in the school. However, no response has been received so far, Mr Agarwal said.

Mr Agarwal in the petition said, it is unfortunate that in a time when the Government is coming up with laws, schemes and policies to encourage the girl child to study more, here is a school that is trying to jeopardize a class VI girl’s future by expelling her from the school. It is highly unjust as well as illegal to expel a student who wishes to study further and make her career, he said.

The petition will come up for hearing before Justice Kailash Gambhir on Arpil 5.

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