Featured post

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...

Sunday, 29 May 2016

ABVA writes to IDRC, Canada re. Siddharth Dube's book 'No One Else'

To,
International Development Research Centre,
Canada

Sir/Madam,

I am writing to you 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. Canada’s International Development Research Centre had given a research grant on poverty in India to Mr. Siddharth Dube which helped him in his research on his book ‘No One Else’ published by HarperCollins Publishers India in 2015. The said book contains aberrations pertaining to ABVA’s work. It also attempts to hijack ABVA’s work in the name of Siddhartha Gautam who was a member of ABVA for a brief period; and violates intellectual property rights of ABVA. Your organization along with the author and publisher of the said book bears the moral, ethical and legal responsibility of hijacking a non-funded group’s work for commercial purposes. Your organization also failed to exercise due-diligence into the credentials of the author, Mr. Siddharth Dube before funding him.

A copy of an email dated 26 January, 2016 and legal notice dated 29 February, 2016 sent to Mr. Dube in this regard are attached herewith for your perusal and necessary action. These are also available at ABVA’s blog at:



Dr. P.S. Sahni
Member, AIDS Bhedbhav Virodhi Andolan


Friday, 29 April 2016

ABVA writes to Ford Foundation re. Siddharth Dube's book 'No One Else'

To,
Ford Foundation,
New York, USA.

Sir,

I am writing to you 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. Mr. Jacob Gayle, the then head of the Ford Foundation’s global initiative on AIDS was instrumental in funding Mr. Siddharth Dube’s book ‘No One Else’ published by HarperCollins Publishers India in 2015. The said book contains aberrations pertaining to ABVA’s work. It also attempts to hijack ABVA’s work in the name of Siddhartha Gautam who was a member of ABVA for a brief period and violates intellectual property rights of ABVA. Ford Foundation is jointly liable along with the author and publisher of the said book for the moral, ethical and legal responsibility of hijacking a non-funded group’s work for commercial purposes. Ford Foundation also failed to exercise due-diligence into the credentials of the author, Mr. Siddharth Dube before funding him for this project. The entire book rides on the shoulder of work of other people.

A copy of an email dated 26 January, 2016 and legal notice dated 29 February, 2016 sent to Mr. Dube in this regard are attached herewith for your perusal and necessary action. These are also available at ABVA’s blog at:



Dr. P.S. Sahni
Member, AIDS Bhedbhav Virodhi Andolan


Wednesday, 30 March 2016

Notice to HarperCollins Publishers India Re. Mr. Dube's book 'No One Else'

To,
Harper Collins Publishers India Limited,
A-75, Sector 57,
Noida, Uttar Pradesh 201301

Sir,

I am writing to you 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. Mr. Siddharth Dube’s book ‘No One Else’ published by HarperCollins Publishers India contains aberrations pertaining to ABVA’s work. It also attempts to hijack ABVA’s work in the name of Siddhartha Gautam who was a member of ABVA for a brief period and violates intellectual property rights of ABVA.

A copy of an email dated 26 January, 2016 and legal notice dated 29 February, 2016 sent to Mr. Dube in this regard are attached herewith for your perusal and necessary action.

Please take notice that as the publishers of the book you are jointly and severally liable along with the author of the book for violation of the intellectual property rights of ABVA and if no remedial action is taken by you we reserve our right to initiate legal proceedings against you as well to protect our rights.

Dr. P.S. Sahni
Member, AIDS Bhedbhav Virodhi Andolan




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

Thursday, 28 January 2016

ABVA's response to 'No One Else'

Dear Mr. Dube,

Your brave expose of personal journey in life in your book, ‘No One Else’ has few aberrations pertaining to AIDS Bhedbhav Virodhi Andolan (ABVA). In chapter 12, page 192 there is a reference to the undersigned as being the force behind the ABVA. Again on page 207 in the same chapter Siddhartha Gautam has been referred to as the driving force. Other references made in your book include page 266 “… ABVA, the activist group in which my friend Siddhartha had been a driving force, …” Once again page 207 “The power of what Siddhartha had set in motion through Less Than Gay soon became potently evident.” Yet again page 190 “…by the astounding scope of what he (Siddhartha) eventually set into motion”. And so on.

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 the Author’s Notes, chapter 12 you have rightly observed:
“ABVA has made the full text of Less Than Gay available freely online to the public, as befits a ‘citizens’ report’.”
ABVA wishes that you had treated the citizens’ report authored by seven people in a similar spirit rather than personalized a political document. Your recurrent references to the authors of the report in chapter 12 as ‘Siddhartha and his colleagues/co-authors’ belittles the efforts of the co-authors some of whom are long since dead. Siddhartha himself would never have approved of over-emphasis on a person or two in the work of a collective. You have yourself alluded to this on page 194 mentioning a full page of a personal letter sent by Siddhartha to you focused on the efforts of the ABVA activists’ collective. You have added that the bulk of the letter was about causes rather than personal matters. The recurrent references include:

“… his ABVA colleagues and he were actually planning to write one (report) on the situation of gay men and women.” (pages 192-193)
“Siddhartha and his colleagues had been pressing the (World) Bank …” (page 195)
“… Siddhartha and his co-authors wrote.” (page 196)
“…said Siddhartha and his colleagues.” (page 197)
“Siddhartha and his co-authors maintained…” (page 198)
“…said Siddhartha and his co-authors.” (page 198)
“…Siddhartha and his colleagues wrote,…” (page 199)
“Siddhartha and his co-authors began the report …” (page 200)
“… Siddhartha and his co-authors noted.” (page 201)
“… Siddhartha and his colleagues in ABVA group asked…” (page 204)
“… Siddhartha and his ABVA colleagues presented …” (page 205-206)
“… Siddhartha and his colleagues wrote …” (page 206)
“… Siddhartha and his ABVA colleagues in Less than Gay,…” (page 219)


Just to make the point obvious it would be considered a sacrilege if a World Bank report were to be repeatedly referred to as being authored by say Siddharth Dube and his colleagues at World Bank; and this repeated ad-infinitum in a book or public document!  

In your book while referring to organizations other than ABVA you have used an ethical, fair and objective approach. Consider your approach towards the report by the National Commission for Women (NCW) on sex work:
“The opening page (of the Commission’s report) began by saying…” (page 239)
“Indeed, the report – in essence – was a catalogue of the grievous wrongs done to sex workers…” (page 239)
“…said the report” (page 239)
“The Commission’s most scathing criticism…” (page 239)
“…the Commission noted.” (page 240)
 “The Commission also lambasted…” (page 240)
“…the Commission noted.” (page 240)
“The Commission wrote...” (page 240)
“The Commission asked…”(page 240)
“…the Commission made reams of recommendations,...” (page 240)
“…the Commission’s recommendations...” (page 241)
“…the Commission even had to urge...” (page 241)
“… to see the Commission push for the removal...” (page 241)
“…the Commission’s report that impressed and moved me.” (page 242)

Take another example from your book pertaining to the International Guidelines on HIV/AIDS and Human Rights developed jointly by UNAIDS and the UN Office of the High Commissioner for Human Rights in 1998. Recall the principle adopted in your book while referring to this document:
“This compendium had been formulated by human rights experts from academia and civil society, and representatives of organizations of people living with HIV.” (page 256)
“The guidelines general position …”(page 256)
“…the guidelines emphasized, ….” (page 256)
“…the international experts writing these guidelines ….” (page 256)

Let us take a third example from your book pertaining to a detailed five-hundred-page handbook to guide governments and legislatures published by UNAIDS and the Inter-Parliamentary Union. You have referred to it thus:

“The handbook commented …” (page 257)
“…the handbook also advised governments…(page 257)
“… it emphasized…” (page 257)

If you go through any of the published references of any citizens’ report prepared by say People’s Union for Civil Liberties (PUCL), Peoples Union for Democratic Rights (PUDR), Citizens for Democracy (CFD; or any report prepared by Human Rights Watch, Amnesty International you would find an ethical portrayal of the authors or as is more frequently seen, the organization’s name itself is given along with the report.

Even in well researched papers, books, journals, the protocol/tradition is to use the very first name from the list of co-authors and add et al while referring to the authors. 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). The first name is of Arun Bhandari. If you had followed this methodology viz Arun Bhandari et al it would have been acceptable. 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. Siddhartha himself would have been violently outraged by this.

Why is it that in relation to the ABVA’s Less than Gay your references could not have been made in a more sensitive, fair, ethical and objective manner? Your close friendship with Siddhartha comes through your book* viz that “Siddhartha was your beloved friend”; that “there was a palpable intensity to your friendship evident in the amount of time you spent alone with each other”; that “you constantly touched and embraced” but it would still not give you a license to refer to a citizens’ report – authored by seven persons whose names have been given in the report – as having been written by one person by name and the other co-authors being just appended repeatedly and continuously. ABVA’s position has been to give no names or all names. In fact in one of the ABVA reports ‘Endless and Sickening Therapies for AIDS’ the names of the authors have not even been mentioned precisely to preempt any such misappropriation as emerges from your book ‘No One Else’.

Your close friendship with Siddhartha creates a conflict of interest as you author ‘No One Else’; your objectivity gets comprised in writing about ABVA. It is all the members of ABVA; and not just one – who are the driving force; the astounding scope of what got eventually set in motion was courtesy all ABVA members. It is the power of all members of ABVA that had set this in motion and continue to do so till date and will continue to do so in future. It is the brave voice of all ABVA members – living or dead – that a sensitive, perceptive reader sees everywhere in Less Than Gay. The beautiful work of a collective should be preserved and not destroyed. One does not have to be linguistic expert of Noam Chomsky’s caliber to see through the game plan.

Your reference to:
“The power of what Siddhartha had set in motion through Less Than Gay soon became potently evident. In early 1994, two years after Siddhartha’s death, ABVA filed a public interest case in the Delhi High Court asking that Section 377 be declared unconstitutional…” (page 207)

“…by the astounding scope of what he (Siddhartha) eventually set into motion.” (page 190)

again is based on a misconception. ABVA’s activities till date have all been set in motion through the power of the collective and not through any one person. This is not to belittle anyone’s contribution but constant reference to one person as being the driving force belittles the political nature of work of the person being so overrated as also that of the collective’s.

And what has been the evidence adduced by you to single out one person as being the ‘lead’ author of the report? That one of the authors wrote to you about spending eighteen hours a day on the computer for two weeks! Siddhartha himself had apprised ABVA of the efforts of people who worked on the computer and help of these people was duly acknowledged in the report Less Than Gay on page 3. But, Mr. Dube, are you aware of the efforts of all the ABVA members – at least the six other co-authors who struggled for months and wrote different chapters or parts of chapters? Forget even this process for a while. Let us give you a glimpse of the process. Jagdish Bhardwaje, a professional blood donor, and now since dead who was given the computer floppy (containing the draft report) with over four hundred mistakes had to sell blood there and then, get money which was then used to get a print-out of the report to have it sub-edited by another ABVA member and co-author at central park in New Delhi’s Connaught Place! At that time Jagdish Bhardwaje was staying on a footpath and selling his blood for a living. His meals – for a decade – were provided for at Gurudwaras in the vicinity. It is base for us to have to point out these small little things to get you to appreciate how much anguish your book has brought to the collective. One of the co-authors of Less Than Gay Shalini SCN, a former nun (now since dead), struggled to get the views of Paul G (sj), then Acting Director of Indian Social Institute, New Delhi; thus she got his valuable one and a half page comment on pages 65-66 of the report. Another co-author Dr. J.P. Jain had to visit several libraries to get a copy of the original Kamasutra which has a chapter on homosexuality and was discovered to be loaned out for the last four years by the Delhi Public Library to none other than the Union Health Ministry. Less Than Gay has two pages devoted to the material from Kamasutra. The reference to Shikhandi (page 54) was culled out by Lalitha S.A., another co-author. The available material in Hindi had to be translated into English.

To recapitulate, Siddhartha Gautam was out of India when a seven-page hand written blue print of the report was drafted by an ABVA member who walked from his residence – out of sheer excitement and to save money – to discuss it with Lalitha S.A. at her office at Jangpura! This contained outline of the chapters to be included as also the part ‘Why the Report’. The protocol followed was adopted from our earlier citizens’ reports/ fact finding reports published prior to 1988. Since many of ABVA members had been working in Delhi on issues of public importance since 1980s those members had gone through the process of writing citizens’ reports. The issues included the genocide of Sikhs in 1984 in Delhi, the constant eviction of slum dwellers after demolition of their huts; the 1988 cholera epidemic in Delhi which resulted in the loss of 1500 lives; women’s issues involving dowry deaths and assaults. These activists were well versed in the parliamentary techniques as also of filing writ petitions in the courts; they were ‘old hands’ at protest actions. Siddhartha Gautam came to join such activists in 1988-89. Siddhartha must have learnt a lot from their experiences. Regarding the writing of ten odd chapters in Less Than Gay here is a glimpse. Mention has already been made about chapter one ‘Why This Report’ having been primarily drafted by one author. In the chapter on ‘Gay Life in India’ material was culled out from published gay magazines as also stories related to different ABVA members by gays/lesbians. The chapter on Definition and Myths was compiled from acknowledged references (given at the end of the chapter). The chapter on Culture, Heritage and Homosexuality was drafted by three ABVA members with additions from others. The chapter on Social Attitudes was a compilation of replies (with comments of ABVA members) in response to a questionnaire sent by ABVA to eighty odd citizens/organizations. The chapter on AIDS and Homosexuality contains basic facts about AIDS which runs through all ABVA reports starting from the very first one. The Charter of Demands was outlined by one author; additions and subtractions were done by other authors. Similar approach was followed in the remaining chapters.

You may like to go through the circumstances in which ABVA was formed at: http://aidsbhedbhavvirodhiandolan.blogspot.in/2015/02/about-aids-bhedbhav-virodhi-andolan-abva.html

As a matter of fact Siddhartha was with ABVA (after its formal formation in early 1991) for about a year only from 1991-92. Prior to that he had joined those already working in Delhi’s red-light area on issues revolving around AIDS. Even during this period he was in and out of Delhi for social/medical reasons.

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 was to be all inclusive in all its actions including report writing.


Filing a court case was not in ABVA’s plan in 1991 or later since it was pursuing the Parliamentary petition process to get Section 377, IPC repealed. In 1994, ABVA got involved in the court case for a very specific reason as media reports indicated that prisoners in Tihar Jail were being denied condoms and were facing atrocities. The events in Tihar Jail could not have been set in motion through anyone’s efforts. ABVA members are not astrologers. ABVA joined the court proceedings because the court had already taken cognizance of a petition filed by Shri Janak Raj Jai who was advocating coercive methods against those involved in homosexual activities in jail. ABVA opposed this plea asking for striking down of Section 377, IPC and availability of condoms in Tihar Jail. ABVA’s petition effectively neutralized Janak Raj Jai’s petition; from 1994 to 2001 ABVA was able to campaign on the issue of LGBT rights using the petition.

From 1994 to 2001 we sent several letters to all known LGBT groups/organizations to file cases in different high courts of India for repeal of Section 377, IPC, so that pressure would get built on the judiciary to act. We did not receive a positive response from any source. Ironically till the year 2000 the three important books on gay/lesbian issues in India were authored by women writers – Shakuntla Devi, Giti Thadani and Ashwini Sukhthankar. Academicians in India were wary to write books on this issue till the end of twentieth  century! True, in 1994 it was the collective’s wisdom to move the Delhi High Court but not one amongst the LGBT community would agree to go public about his/her sexuality and join the petition as a victim in ABVA’s case. The lawyer petitioner – again a woman, Shobha Aggarwal – in ABVA’s case in the Delhi High Court undertook a research into PIL judgements of the last two decades of the twentieth century; and brought out a report entitled “The Public Interest Litigation Hoax – Truth Before the Nation”. It concluded that PILs failed to provide justice to those who need it most. Two of ABVA members are associated with PIL Watch Group formed in 2004. It was realized that it is imperative that a victim himself/herself approach the court. After all, the fundamental rights under the Constitution of India are guaranteed to the citizens of India. Hence a victim – any LGBT person – will have to take a courageous stand, go public and file a petition in his or her name.

To update it may be mentioned that after the 2013 Koushal judgement by the Supreme Court of India, ABVA has again been pursuing the parliamentary route to get Section 377, IPC repealed. See our blog at http://aidsbhedbhavvirodhiandolan.blogspot.in/



You may kindly take all necessary steps to undo the harm done through your book to the credibility of the work done by the ABVA collective and its members both living and dead.

Yours sincerely,
Dr. P.S. Sahni




* The pact among all ABVA members was not to make each others sexuality public during and after his/her life time. ABVA’s position remains unchanged. Hopefully references made in your book about Siddhartha and you – no doubt your conscious decision – were made keeping in mind the sensibilities and sensitivities of his parents and others close to him.  

Thursday, 31 December 2015

An open letter to the Indian Parliamentarians on the repeal of Section 377 Indian Penal Code


As members of AIDS Bhedbhav Virodhi Andolan (AIDS Anti-Discrimination Movement, ABVA) which has spearheaded the movement on gay issues right from 1988-89 and had brought out the first citizens’ report on the gay issue, Less than Gay in 1991,[1] we appeal to the Indian Parliamentarians to take a quantum jump and stand up for Lesbian, Gay, Bisexual, Transgender (LGBT) rights right inside the Parliament. Ever since the Supreme Court of India re-instated Section 377 of the Indian Penal Code (IPC) in 2013, few amongst you have dared to take a pro-LGBT stance on the issue. Sonia Gandhi of Indian National Congress (INC) publicly stated:
“I am disappointed that the Supreme Court has reversed a Delhi High Court ruling … the High Court had wisely removed an archaic, repressive and unjust law that infringed on the basic human rights enshrined in our Constitution…I hope Parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India.” [The Times of India, 13.12.2013]

Rahul Gandhi expressed disappointment with the Supreme Court (SC) verdict on homosexuality:
“These are matters of personal freedom, I would agree with the High Court more on this matter.”[2]

The Communist Party of India (CPI) leader D. Raja asked the NDA Government to initiate the process of bringing suitable amendments to Section 377, IPC which was declared as constitutional by the Supreme Court.[3]

The CPI(M) Election Manifesto, 2014 stated “Amend Section 377 of the Indian Penal Code so that it does not criminalize adult consensual relationships irrespective of sexual orientation.”[4]

The Aam Aadmi Party was:
“…disappointed with the judgment of the Supreme Court upholding the Section 377 of the IPC and reversing the landmark judgment of the Delhi High Court on the subject. The Supreme Court judgment thus criminalizes the personal behavior of consenting adults. All those who are born with or choose a different sexual orientation would thus be placed at the mercy of the police. This not only violates the human rights of such individuals, but goes against the liberal values of our Constitution, and the spirit of our times.
Aam Aadmi Party hopes and expects that the Supreme Court will review this judgment and that the Parliament will also step in to repeal this archaic law.”[5]

Terming the judgement as “disappointment”, TMC MP Derek O’Brien had said, “we are living today in a liberal world and the judgement is disappointing.”[6]

The Supreme Court judgement in Suresh Kumar Koushal & another (11.12.2013) outlined the history of anti-sodomy law in India. The offence of sodomy was introduced in India on 25.07.1828 through the Act for Improving the Administration of Criminal Justice in the East Indies. In 1837, a Draft Penal Code was prepared which included two clauses viz. 361 and 362: “Whoever intending to gratify unnatural lust, touches for that purpose any person or any animal …” with or without consent would be punished with imprisonment. In Note M of the Introductory Report of Lord Macaulay to the Draft Code these clauses were left to his Lordship in Council without comment observing that:
“Clauses 361 and 362 relate to an odious class of offences respecting which it is desirable that as little as possible be said. We leave without comment to the judgment of his Lordship in Council the two Clauses which we have provided for these offences. We are unwilling to insert, either in the text, or in the notes, anything which could have given rise to public discussion on this revolting subject; as we are decidedly of the opinion that the injury which would be done to the morals of the community by such discussion would far more than compensate for any benefits which might be derived from legislative measures framed with the greatest precision.”
[Note M on Offences Against the Body in Penal Code of 1837 – Report of the Indian Law Commission on the Penal Code, October 14, 1837.]

The rulers at that time in 1837-38 desired that as little as possible be said of these offences and wanted to thwart any public discussion on this ‘revolting’ subject. Ironically, in the Report of the Commissioner’s Vol XXVIII it was observed that a most improper ambiguity has been created; the false delicacy created by the ambiguity needed to be censured. The IPC along with Section 377 as it exists today was passed by the Legislative Council and the Governor General assented to it on 06.10.1860.

This ambiguity in the law due to the rulers pretending to be coyish and the absence of public discussion around sexuality has effectively ensured that from 1828 to date i.e. for around two centuries different judges in the courts have interpreted the law differently.

Supreme Court of India in its judgement in Suresh Kumar Koushal by Justices G.S. Singhvi and Sudhanshu Jyoti Mukhopadhaya many cases and concluded that no uniform test could be culled out to classify acts as “carnal intercourse against the order of nature”; hence it was difficult to prepare a list of acts which would be covered by the section.

The British could be excused at least on the ground that they self-confessedly suffer from Victorian values on matters sexual. No such excuses for the Parliamentarians in India – a country which boasts of Kama Sutra (with a full length chapter on gay sex); Khajuraho caves which openly display sculptures in acts constituting “carnal intercourse against the order of nature”. The present day legislators will have to see India not through colonial eyes but with a knowledge of the ancient cultural practices.

While a few legislators have taken a bold stand outside Parliament even recently in 2015, there is no action within the precincts of the Indian Parliament. Arun Jaitley and P. Chidambaram while speaking at the Times Lit Fest in Delhi on 28.11.2015 (The Times of India, 29.11.2015) lamented the stance of the Supreme Court of India in reinstating Section 377, IPC. Shashi Tharoor made it be known through his twitter handle that he was moving a private member’s bill on the issue but he refused to give details of the bill itself. At a time when the Government of India puts up all bills in public domain before moving these in Parliament it would be more democratic if Tharoor’s bill is shared and opinion of all stake holders taken as also of those who are exerted upon the issue for over quarter of a century.

We, at ABVA, had sent an open letter to Sonia Gandhi about two years back for initiating a move for a private member’s bill on the issue.[7] Now that more than seven Members of Parliament (M.P.s) of different parties and also the Aam Aadmi Party (AAP) has supported the repeal of Section 377, IPC it would be appropriate that these M.P.s move either individually or collectively for a calling attention motion in Lok Sabha/Rajya Sabha where the issue should be discussed thread bare; apprehensions of parties like Samajwadi Party (who are opposed to the move) should be addressed. Also since the LGBT number could be as high as 4% of the population it would not just be sufficient to repeal Section 377, IPC but also to discuss and debate how this section of society has silently suffered principally because the democratic institutions were reluctant to address their concerns.

Generally a calling attention motion could last for up to a few hours and may even get extended up to the next day; the practice is to ensure that representatives of all parties speak. Since legislators belonging to INC, BJP, CPI, CPI(M), AAP,  have already taken a stance, and also if they sign a calling attention motion notice, the Speaker in Lok Sabha and Chairman in Rajya Sabha would have no option but to permit such a debate. Both the nation and the Indian Parliament owe it to the LGBT community all this and much more.

In the Rajya Sabha MPs from various political parties like Derek O’Brien (TMC); D.Raja (CPI); Sitaram Yechury of CPI(M); Arun Jaitley (BJP) and Mani Shankar Aiyar (INC) could file notices with the Chairman, Rajya Sabha for ‘calling attention motion’ urging the house on a matter of urgent public importance. Even in the Lok Sabha elected representatives like Sonia Gandhi, Rahul Gandhi, Shashi Tharoor of INC as also elected representatives of AAP could file notices with the Speaker of the Lok Sabha for a similar debate. Unlike in the years 1828, 1837-38 and 1860 when colonial masters shied away from public discussion and left ambiguities in the law, the present day law makers in the Indian Parliament must ensure that history is not repeated. That practices like fellatio, cunnilingus should be explained, discussed and debated. Finally the law makers should ensure that adult consensual homosexual acts in private are decriminalized. It should be expressly discussed whether lesbianism was ever an offence under Section 377, IPC and if it was then it stands decriminalized. ABVA has always felt that ambiguity in law posed a real threat to the lesbians in India.

More than a year earlier on 22.07.2014 when a question was raised by MP Dharam Vira Gandhi in Parliament whether the Government of India proposed to repeal Section 377, IPC the Minister of State in the Union Ministry of Home Affairs stated that the matter is sub judice. For ready reference reproduced below is the Parliamentary question as well as answer:
Question:
(a)   whether the Government proposes to amend or repeal Section 377 of the Indian Penal Code (IPC);
(b)  if so, the details thereof;
(c)  whether the Government proposes to give legal status to the sexual relationship outside the gender binary in a context where the Supreme Court has recognized the third gender and guaranteed them rights under the OBC category including holding discrimination on the basis of sexual identity and gender orientation as unconstitutional ; and
(d)  if so, the details there of?
Answer:
Minister of State in the Ministry of Home Affairs (Shri Kiren Rijiju)
(a) to (d): No Madam. The matter is sub-judiced before the Hon’ble Supreme Court of India. A decision regarding Section 377 of IPC can be taken only after pronouncement of judgment by the Hon’ble Supreme Court of India.

The truth of the matter is that the matter is not sub judice as the curative petition pending in the Supreme Court of India for about two years has yet to be heard by a five judge bench to decide on its admissibility!!! Secondly, the 2013 Supreme Court judgement in Suresh Kumar Koushal categorically urged legislators to do their bit. It stated:

“…we would like to make it clear that this Court has merely pronounced on the correctness of the view taken by the Delhi High Court on the constitutionality of Section 377 IPC and found that the said section does not suffer from any constitutional infirmity. Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General.”

When it suits the legislators the Indian Parliament never shies away from doing a Shahbano on the apex court judgement or passes legislations to specifically overturn orders passed by the apex court. In effect Parliament would be implementing the Supreme Court 2013 judgement by repealing Section 377, IPC.

Both the Supreme Court and Indian Parliament should stop throwing the ball in each other’s court! (no pun intended)

From:
Dr. P.S. Sahni and Shobha Aggarwal
Members, AIDS Bhedbhav Virodhi Andolan
Email: aidsbhedbhavvirodhiandolan@gmail.com

Thursday, 3 December 2015

Women and AIDS


Women and AIDS

The Citizen Bureau
Tuesday, December 01,2015
NEW DELHI: “… The National AIDS Control Organisation (NACO) has decided to set up permanent camps at certain locations. The mobile camps are set up four times a month, each screening high-risk individuals such as sex workers, migrants, drug users, truck drivers, men having sex with men and construction labourers. The Govandi slum has some 15,000 migrant labourers, mostly from UP, Bihar and Nepal, who live in matchbox-size rooms.”

– The Sunday Express, 29 November, 2015

and

“There are no bio-medical or physiological factors which make some groups rather than others more prone to HIV infection. Contrary to popular fantasy, the modes of transmission of HIV put many more people at risk than the label “high-risk group” implies. It is not what you are but what you do, and what blood-banks and blood product manufacturers and hospitals do, that constitutes the primary risk factor. It therefore becomes crucial to understand the spread of HIV in terms of activities and not groups which are at high-risk.”

– Extracts from ‘Women & AIDS - Denial and Blame,’ 1990

On the eve of World AIDS Day, December 1, 2015, AIDS Bhedbhav Virodhi Andolan is releasing the digitized version of its very first report titled “Women & AIDS – Denial and Blame”, twenty-five years after it was first published. The report is as relevant today as it was when the print version was first brought out. The above two quotes bear testimony to this.

In 1988, a group of Delhi-based voluntary workers involved in community work in education, health, law, women’s and gay issues came together over the plight of women working in G.B. Road, Delhi’s red-light area. In 1990 the group released this Citizens’ report. This was probably the first such report in India which documents the discrimination of HIV+ and AIDS patients as also of women in sex work. This group immediately after the release of the report organized itself into AIDS Bhedbhav Virodhi Andolan (AIDS Anti-Discrimination Movement, ABVA) a non-funded, non-party organization. Till 2013 ABVA had shied away from the digital world because of its penchant for romance of the printed word!

An update is in order. In March 1990, the Delhi Police acquired notoriety when they ‘arrested’ 112 children of women in prostitution on the charge of being ‘neglected juveniles’, simply because their mothers were sex workers. The raid and its aftermath are documented in detail in the report. However, even after the Juvenile Welfare Board pronounced that the children were not neglected, the State went in appeal. The appeal was dismissed in March 1995 with the help of legal assistance provided by Shobha Aggarwal, advocate and member, ABVA.

Efforts to digitize the reports of ABVA have been undertaken as not much has changed in the last 25 years. The discrimination faced by HIV+ persons in India at the hands of the authorities is as rampant today as it was when the report was first brought out. Though not headline-hogging anymore, occasionally reports appear in the print media about such instances. In mid 2015 an instance of a 7 year old HIV+ student was reported; he was asked to leave school for being HIV+ in Bishmpur area of South-24 Parganas District in West Bengal, India. The boy’s maternal grandmother a teacher in the same school was forced to take a HIV test. The boy’s mother too had tested positive in January, 2015 and is now working with an NGO engaged in spreading awareness about HIV. The mother was earlier told by the school authorities that they were planning to set up a different room for the boy where he will sit alone away from others. In November 2015, the boy was allowed entry to the school; he said:

“I have packed my bag and taken out my uniform, my diary, my notebook and all other things are inside. I am so excited because I will meet my friends.”

Hopefully he will not be isolated in the classroom.

This child, his mother and grandmother were discriminated against because 100 odd parents of other school children had petitioned that the HIV+ child be asked to leave the school or they wouldn’t allow their wards to study there. Not just the authorities but the members of the local community harbour unfounded biases against HIV+ persons. No one has been taken to task for this discrimination. In a country where untouchability has a scriptural sanction of more than two millennia, the discrimination is embedded in the minds.

Excerpts from the report “Women & AIDS - Denial and Blame”

FACTS AND MYTHS ABOUT AIDS Acquired Immune Deficiency Syndrome (AIDS) has become a health and human rights crisis of major proportions around the world. As of June this year, 263,051 cases of AIDS have been reported from 156 countries to the WHO, which now estimates that 8-10 million people world-wide may be infected. In India, according to the limited findings of the Indian Council of Medical Research, 2,167 persons have been found infected with HIV, as against 4,61,118 samples of blood belonging to ‘high-risk groups’ screened between October ‘85 (when the screening programme began) and March 31, 1990. 44 AIDS cases have been documented in our country. What is AIDS? AIDS is not a single disease but rather a complex of symptoms caused by infections and/or cancers, primarily due to disruption of the immune system of the body by an under-lying viral infection. AIDS is thought to be caused by a virus called Human Immune-deficiency Virus (HIV) which infects certain types of white blood cells which have important functions in the immune system. HIV Testing HIV tests like the ELISA (Enzyme linked Immuno-sorbant assay) are designed to register the presence of antibodies to the virus rather than the virus itself. Antibodies indicate that the person’s immune system is fighting a foreign body, in this case HIV.

However, antibodies to HIV take an average period of 6 weeks to 3 months and in some cases upto 3 years, to show up in the blood. Tests on recently infected persons can therefore give false negative results. Also, in a small minority of cases antibodies are never produced even though the virus is present in the person’s blood. Further, the ELISA test has a high rate of false positives. For this reason the accepted but not always carried out testing protocol, is a three step process of two ELISA tests followed by a Western Blot assay, a more sensitive but also more costly step. Even this three step protocol is not always accurate and the false positive rate for it may be quite high.

This fact is systematically ignored and leads to unnecessary harassment of citizens. Hundreds of women in prostitution who were illegally detained in welfare homes in Tamil Nadu in May-June ‘90, were Section I AIDS AND THE ESTABLISHMENT 10 found to be HIV positive (HIV+) by the ELISA test. However, even before the confirmatory tests could be done, the authorities doled out press statements that these women were suffering from AIDS. There is a fair chance that many of them would have tested negative with the Western Blot assay

… At the time of printing this report AIIMS still continues to refuse admission to HIV+ persons as the AIDS unit is not functioning. The item “Plight of AIDS patients – Hospitals shut their doors” (IE-8.7.90) states: “Vinit and his brother, haemophilics from birth, got infected by the AIDS causing HIV, either during repeated blood transfusions or during administration of blood products... Vinit was sent away from the Army Base Hospital and was refused admission at the AIIMS even though it has received a special grant from the Health Ministry to create an AIDS unit. 24 At the cost of tax-payers’ the Ministry had also sent several doctors abroad for training in research and treatment of AIDS. Despite this trained manpower, AIIMS unit has not been set up because doctors, technicians and nurses are refusing to care for AIDS patients. Over the last two months Vinit’s blood samples have been returned untested by laboratories, nurses have jeered at him and doctors have asked him to stay away from them.

The complete report can be read at:
https://drive.google.com/file/d/0B5_-fAzc3ezudWFSUHEtMGZtTjg/view