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Press Release: Release of second edition (digital) of ‘Less than Gay’ – A Citizens’ Report on the status of Homosexuality in India

    The AIDS Bhedbhav Virodhi Andolan (ABVA) is releasing the second edition of ‘ Less than Gay ’ – A Citizens’ Report on the status of Homo...

Monday, 29 February 2016

Legal Notice to Siddharth Dube author of book 'No One Else' from ABVA

Mr. Dube,

On behalf of AIDS Bhedbhav Virodhi Andolan (ABVA), a non-funded, non-party organization working on the issue of fighting discrimination against those affected by HIV/AIDS and those targeted as the high risk groups, I, P.S. Sahni, member, ABVA hereby serve upon you as under:

1.     That ABVA is a collective of like minded individuals with all its members – living or dead – being on equal footing. That you as the author of the book titled, ‘No One Else’ published by HarperCollins Publishers India in 2015 – by giving undue credit of ABVA’s work as a collective to one member of ABVA viz Siddhartha Gautam (now deceased) – have attempted to disturb this equilibrium and also harmed ABVA’s reputation as a collective. It is also defamatory as it undermines the work of other members of the collective. This book contains aberrations pertaining to ABVA’s work which were pointed out to you in our email dated 26 January, 2016. An attempt has been made by you to hijack ABVA’s work in the name Siddhartha Gautam who was a member of ABVA for a brief period. It is prima facie evident that you have done this to boost the sale of your book. In our email dated 26 January, 2016 (duly received by you) you were requested to “take all necessary steps to undo the harm done through your book ‘No One Else’ to the credibility of the work done by the ABVA collective and its members both living and dead.” Through our next email dated 29 January, 2016 you were asked to take steps positively within four weeks w.e.f. 26 January, 2016. The said period has now expired and you have not taken any remedial steps till date.

2.     That the following references in your book relating to the work done by ABVA and appropriating it in the name of Siddhartha Gautam, are incorrect and an assault on the integrity, honesty and work of ABVA collective.
                                    i.            “…by the astounding scope of what he (Siddhartha) eventually set into motion”. (page 190)
                        ii.            “… his ABVA colleagues and he were actually planning to write one (report) on the situation of gay men and women.” (pages 192-193)
                                      iii.            “Siddhartha and his colleagues had been pressing the (World) Bank …” (page 195)
                                       iv.            “… Siddhartha and his co-authors wrote.” (page 196)
                                         v.            “…said Siddhartha and his colleagues.” (page 197)
                                       vi.            “Siddhartha and his co-authors maintained…” (page 198)
                                     vii.            “…said Siddhartha and his co-authors.” (page 198)
                                   viii.            “…Siddhartha and his colleagues wrote,…” (page 199)
                                       ix.            “Siddhartha and his co-authors began the report …” (page 200)
                                         x.             “… Siddhartha and his co-authors noted.” (page 201)
                                   xi.             “… Siddhartha and his colleagues in ABVA group asked…” (page 204)
                                    xii.            “… Siddhartha and his ABVA colleagues presented …” (page 205-206)
                                   xiii.            “… Siddhartha and his colleagues wrote …” (page 206)
                                 xiv.            “see Siddhartha’s brave voice everywhere in Less Than Gay …”. (page 206)
                           xv.            “The power of what Siddhartha had set in motion through Less Than Gay soon became potently evident.” (page 207)
                            xvi.            Siddhartha Gautam being the driving force (behind ABVA). (page 207)
                      xvii.            “… Siddhartha and his ABVA colleagues in Less than Gay,…” (page 219)
                           xviii.             “… ABVA, the activist group in which my friend Siddhartha had been a driving force, …” (page 266)

3.     That chapter 12, page 192 of your book contains a reference to the undersigned as being the force behind the ABVA which is also incorrect and against the spirit of ABVA collective.

4.     That the ABVA collective sees each and every member of the collective, each and every person in the ‘high-risk group’ amongst whom we work and every one who supported the collective’s movement as the driving force. Referring to one or two persons as the driving force is unfair to ABVA members, some of whom are dead and who have contributed up to two and a half decades of their life in this work and continue to do so. In Less Than Gay the names of all seven co-authors have been given alphabetically in the report (this principle was followed in all ABVA reports). Picking one name out of the list of co-authors and hammering that name (and appending the rest) is discriminatory, unfair; it smacks of inequality; there is no equity. Such an approach adopted by you is undemocratic and anti-collectivism. This tends to disrupt a collective.

5.     That hijacking of ABVA’s work is the worst assault on the integrity, honesty and work of ABVA. Siddhartha himself would be turning in his grave over these developments. The sheer audacity, the intellectual sophistry in display in ‘No One Else’ is an attack – nay a day light robbery – on the intellectual property rights of all the authors of Less Than Gay as a number of chapters have been co-written/finalized by different authors. It is a lie, rather subterfuge to ‘see Siddhartha’s brave voice everywhere in Less Than Gay …’. It is every co-author’s, in fact ABVA’s brave voice. Finally it is the brave voice of the LGBT persons. Such an effort cannot be attributed to one single person. That would be a reductionist approach. At ABVA, the policy is to be all inclusive in all its actions including report writing.

6.     Therefore, through this notice, I on behalf of ABVA, call upon you to take the followings steps immediately:

a. An unconditional apology by you to be published in all newspapers/magazines and websites etc wherever ‘No One Else’ has been reviewed or referred to.
b.     ABVA’s email dated 26 January, 2016 should be attached to all copies of the current edition of the book ‘No One Else’ sold in future in India or abroad.
c.     A written assurance from you and HarperCollins Publishers India that in all future editions of your book ‘No One Else’ either the entire content of ABVA’s email dated 26 January, 2016 would be published or necessary corrections would be carried out in all references pointed out in para numbers 2 & 3 of this notice so that no one individual is given credit of ABVA’s work as a collective.

Please take notice that in case you fail to comply with all the terms listed in para 6 above within a period of four weeks of the receipt of this notice, ABVA would be constrained to initiate appropriate legal proceedings against you to protect its intellectual property rights; and seek damages of Rs. One Crore only (Rs. 1,00,000,00/-) for defamation and the emotional & mental trauma caused to its members by the contents of your book; at your risk as to cost and consequences. The amount eventually received by ABVA as damages will be donated to a charity.

    Dr. P.S. Sahni

    Member, AIDS Bhedbhav Virodhi Andolan

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