To

The Chief Justice

Supreme Court of India

New Delhi

Sub: Reasons for preserving section 377 of Indian Panel Code and rejecting the appeal of NAZ foundation

Honorable Sir,

1.       I, Muhammad Mukhtar Alam, a Ph.D. candidate at Delhi University would like to draw your attention to the petition of Naz Foundation that has been accepted in the High Court of Delhi. The petition challenges “the constitutional validity of section 377 of the IPC on the grounds that it criminalizes homosexual act even between two consenting adults”. (The Hindustan Times December 8, 2001). The division bench comprising of Justice Devinder Gupta and Justice Sanjay Kishen Kaul issued notices to the respondents including the Union government, the Delhi government, the Commissioner of Police and the National Aids Control Organization (NACO) and sought their replies by January 28, 2002.

2.       I would like to respond to this as a private citizen and a world citizen and call for a dismissal of this petition. A favorable judgement for the petition will violate the children to have reverent role models, and, most importantly will create a supportive social climate for the adoption of homosexuality in India.

3.       I would like to strongly oppose the move of Naz Foundation as an anti-children, anti-family and anti-God. Also through my research work, I have proved that environmental factors for the adoption of homosexuality are ignored by all these campaigners of civil liberties while overemphasizing the contribution of genetic determinism. There is a case for “hijras” but then there is no case for the homosexuals who have been imitating a deviant and degenerate sexual practice that has been approved in the European and American laws. My related academic submissions pointing out the need to review of the decision of American Psychiatric Association contained in my conceptual organization for description, analysis, prediction and control of the personal/ social / world order can be seen at http://updates.takingitglobal.org/read/Muhammad_Mukhtar_Alam . The submissions are web referred at a youth site are part of the findings of the discourse analysis for my Ph.D. dissertation on “A Study of the Cognitive Representations related to the Concept of World Citizen” that has been presented to University of Delhi in September 2000.

4.       The petition contends that article 377 of the IPC violates the liberties enshrined in the constitution under article 14.15,19 and 21 in so far as it penalizes predominantly homosexual acts in private between consenting adults. This can be seen that this is an instance of overgeneralization for the provisions of the cited articles. There is a concern for the rights of the children for reverent role models. Making homosexual act lawful will mean endangering the lives of many children who are being already provided with an overdose of atheistic libertarian values where pre-marital and extramarital affairs do not get denounced, punished and condemned.

5.       The article 377 of the IPC deals with the subject of unnatural offences and states that “whoever voluntarily has carnal intercourse against the order of the nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend upto ten years and shall also be liable to fine”. There is a need to preserve this provision as its deletion even with regard to the homosexuals and lesbians will create problems for the collective social health and individual health.

6.       It has been argued, “section 377 creates an arbitrary and unreasonable classification between natural (penile-vaginal) and unnatural (penile-non vaginal) sexual acts that violates article 14’s equal protection before and under law”. Here Naz Foundation already assumes the existence of a “sexual minority” whose rights are considered to be violated. There is no recognition of such a minority in the constitution. There should not be any recognition to such a minority in the law. Naz foundation is absolutely misguided in mimicking the deviant atheistic intellectual and political currents originating in Europe and US in this regard. Also Naz Foundation is misguiding the court on its understanding of constitutionally recognized minorities. There is no violation of the article 14 of the constitution with reference to the provisions of article 377 as there is no recognition for “sexual orientation” as a category. If there is recognition for sexual minority there can be also a call to recognize the human rights of the thieves and pickpockets to indulge in their smart acts of fooling cheating and looting.

7.       It has been argued that Section 377 imposes traditional gender stereotypes concerning the “natural” sexual roles for men and women upon the sexual minorities”. Here again there is an explicit reference to the “sexual minority” which refers to men and women who have been misguided for appropriating homosexual acts. Instead of calling for help in correcting the deviant behavior an appeal is being made to recognize it as a normal and natural act. All traditional gender roles cannot be denounced.. Atheistic feminist discourse needs to have recognition of the limits that are imposed biologically, ecologically, and morally. “Hijras” need a special rehabilitative attention and for them there is no imposition of gender roles. Hijra’s are sexually challenged with reference to reproductive capacities and there is no imposition of gender roles on them. For homosexuals and lesbians, specific gender roles will continue to be socially desirable as men and women.

8.        According to the petition, the social effects (of article 377) drive gay men underground with a devastating impact upon HIV prevention efforts as “it becomes difficult to identify and target this population for HIV /AIDS prevention efforts through education and provision of medical services”. I would like to denounce this contention, as most of men who have unnatural sex with men cannot be considered to be so ignorant and illiterate. As per journalistic accounts most of the men and women identifying themselves, as gay and lesbian respectively are quite well educated. There is no need for making homosexuality lawful in our country. There is need to campaign for the reverting to the pre-1973 position in so far as the related categorization in Diagnostic and Statistical Manual of US is concerned.  Sheldon B. Korchin has noted the fact interestingly in his book on Clinical Psychology that it was the gay movement in US that compelled APA to change the understanding of homosexuality in 1973. “Homosexuality was no longer considered a sexual deviance rather it was just an 'alternative orientation'” (Sheldon J. Korchin (1998),"Modern Clinical Psychology, Principles of Intervention in the Clinic and Community", CSB Publishers). It may be noted that there is hardly anything “oriental” about this “orientation”. Homosexuality is a product of lack of moral control and absolutely wrong socialization .It is curable. The best cure can be tried by seeking forgiveness for the past sinful deeds. 

9.       It is important to campaign for the restoration of the old definition of degenerate practice of homosexuality that is being celebrated and paraded in the dancing halls and bars of the irreverent and atheistic West whereas practice of religion is propagated to be restricted to the privacy of the homes. Also, I would like to appeal the people in the “orient” to campaign for deleting the word orientation as this word has been abused by referring this to a sexual deviance in DSM manual of American Psychiatric Association.

10.    According to a study conducted by Himachal Pradesh Voluntary Health Association, Shimla 20% of the children have experienced homosexual atrocities. “Another after effect of this is sharp increase in Transportation work which mainly comprise of rural people of HP with large involvement of children working as cleaner. For one Big Cement plant viz. ACC Cement Barmana approximately 8000 trucks are operating. As per one small study 20% of such children have experienced homosexual atrocities”. There are other studies that have shown the involvement of homosexuals in sexual abuse of the children through Internet as well. Thus, I would like to argue that granting revision and elimination of the prohibitory provisions of article 377 will further increase the incidence of child sex abuse by male homosexuals. In UK, there had been a demand by the gays for reducing the age of consent from 18 to 14. Considering the dominance of the atheistic liberal ethos, many children and adults will be become prone to the abuse of homosexuals. Also there had been a study where 70% of the abused children had been the victims of sodomy by homosexuals.

11.   Considering the above I would like to appeal for the dismissal of the petition of Naz Foundation while also seeking the deletion of references to adoption of homosexuality as matter of human right in the documents of Amnesty International.

12.   Considering the developments in Europe and US in this regard there might be a call for redefining institution of family so as to incorporate homosexual couples as family. There may be call then for them to be considered as legitimate recipient of abandoned children for adoption. Thus it can be seen that for many youth, children and future generations permission of deletion in provision of article 377 of IPC, there will be a great intellectual confusion. This will also have significant adverse impact in the families where some boys and girls under the persuasion such neo-liberal atheistic “social workers”, academics and homosexuals will be called on to “come out of closet” and announce to the families and relatives that they are gay.

13.   According to a study reported in Hindustan Times of 10 May 2001, two psychologists led by Dr.Robert Spitzer proved that highly motivated homosexuals could be converted. They also repudiated the attitude of the mental health professionals “who have bought the idea that once you are gay you can not be changed”. He and his colleagues have found that 66% of men and 44% of women had achieved good heterosexual functioning. With reference to the petition of Naz Foundation it can be seen that there is no reference for the existence of controversy on the etiology of homosexuality. Instead, they have been calling for making homosexuality lawful.

14.   In case, there is a favorable judgement, there cannot be an end to the social denunciation of lesbians and homosexuals in India considering the strong conservative values that are shared across the religious groups in this regard. If the petitioners and their tutors think that they are “progressives” then they must recognize that pious Hindus, practicing Muslims, Christians, Jains and Buddhists will continue denouncing them for their misguided understanding and seek correction in attitudes. Considering the history of dissidence this may be noted that appropriation of homosexuality is an instance of the most extreme and worst development in the anti-Christian discourse in Europe that was championed by Michel Foucault who could have excluded gays and lesbians while advocating for better treatment of women, blacks and prisoners. But then in his zeal for unearthing the archeology of knowledge he tried to have “limit experience” in the bars with provisions for sadomasochist experiences and liberated the gays and lesbians from the psychiatric label of sexual deviance. Formation of groups of lesbians and homosexuals followed later and they have a vision to change the legislation in all societies. Unfortunately, Richard Falk has also included such a change in the existing legislations as part of “humane governance” (Falk, Richard (1995), "Towards a new global politics ,world order model project report of the global civilization initiative", Polity Press  Cambridge, UK )

15.   Considering the exclusive studies by the undersigned, I may be called in person for presenting my case.

Considering the above I would like to appeal for the dismissal of the petition with a severe reprimand for Naz Foundation while suggesting them to use faith based instruments for gays and lesbians. They can do better prevention of AIDS by faith based counseling than seeking legitimacy for deviant sexual acts. I would like to earnestly request you for the needful injunction for Delhi High Court in this regard.

Thanking you in anticipation

Respectfully

Muhammad Mukhtar Alam

As a Ph.D. candidate, Department of Psychology, University of Delhi, Delhi-11007

15/4/2001

Residential Address: 62-A, DDA Flats, Ashok Vihar-III, Delhi-110052

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

From: Muhammad Mukhtar Alam <mukhtaralam2000@...>
Subject: [HealthyIndia] Petition for supporting section 377 of IPC
To: "Dr. Leo Rebello" <leorebello@...>
Cc: "alternative" <alt_health_india@yahoogroups.com>, haqcrc@..., "NDTV" <feedback@...>, "Antony Arulraj" <hotlinedelhi@...>, aamnesamne@..., "Editor Sojourners" <boomerang@...>, wesburt@..., "Martin Hatterslely" <hattersleyjm@...>, integrity@..., "Rodney Shakespeare" <rodney.shakespeare1@...>, "Star" <starzrahman@...>, tdhnro@..., "P.E. Reji" <tdhsro@...>
Date: Wednesday, 20 September, 2006, 6:11 PM

Dear Dr. Leo,

 

Thanks for the support . We need to generate more and more support for defending the public and private space for children and for eternal health of all..

 

The petition is posted at http://muhammad_mukhtar_alam.tigblog.org as a post in December 2002. Please click the link for the month. I am attaching a copy of the same for referece again.

 

I will be grateful for the mechanism for filing this though I had sent the petition through regisitered post.

 

I am marking copies for friends in US,Canada and London for the needful.

 

With best wishes and regards

 

Dr.Muhammad Mukhtar Alam

"Dr. Leo Rebello" <leorebello@...> wrote:

 

 

Dr. Muhammad Mukhtar Alam

I agree with you Muhammad that section 377 IPC which describes

Homosexuality as unnatural should NOT be removed. 

 

You can file an Intervenor's application in the said petition calling
for the rejection of the said petition of Naz Foundation.  

You can cite me as an expert and together we can take on them.

 

I went on your website but could not find your petition against
Naz Foundation. Send it to me in plain text. Or circulate it on
Alt Health d-list.

 

Thanks and best. 

Dr. Leo Rebello

www.healthwisdom.org  

 

 

 

 

6b. Re: Vikram Seth and the party in AIDS Global Inc.
    Posted by: "Muhammad Mukhtar Alam" mukhtaralam2000@...
    Date: Wed Sep 20, 2006 12:14 am (PDT)

Dr.Leo Rebello,
  
  It is nice to have your mail on the enterprise on AIDS with the collussion of Pharma lobby..Day in day out looking at the ads of NACO for condoms is really disgusting with the young children..My son asked me about the condom..what could I explain at such an ealry age..
  
  Indian Express following the letter of Vikram Seth and other has called for overturning section 377 of IPC that has been championed by Naz Foundation..I have filed a petition posted at http://muhammad_mukhtar_alam.tigblog.org calling for rejection of the petition of Naz Foundation.They felt that legalising homosexuality will help in working for the victims of AIDS..They have failed in all the TV discussions..Now they are trying to get some famour men to champion their cause. We need to defeat them as we must protect our families and moral health of our children..who may be sucked in by the athiestic neo-liberal champions of 'freedom'..
  
  Dr.Muhammad Mukhtar Alam