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Against Adoption of Homosexuality and For Defending the Institution of Family: Letter to Chief Justice ,Supreme Court, India, New Delhi
Against Adoption of Homosexuality and For Defending the Institution of Family: Letter to Chief Justice ,Supreme Court, India, New Delhi
Against Adoption of Homosexuality and For Defending the Institution of Family: Letter to Chief Justice ,Supreme Court, India, New Delhi
Against Adoption of Homosexuality and For Defending the Institution of Family: Letter to Chief Justice ,Supreme Court, India, New Delhi
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Against Adoption of Homosexuality and For Defending the Institution of Family: Letter to Chief Justice ,Supreme Court, India, New Delhi

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This is a letter against the attempt to accept the definition of APA for homosexuality in India.

This is a letter against the attempt to accept the definition of APA for homosexuality in India.

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  • 1. ToThe Chief JusticeSupreme Court of IndiaNew DelhiSub: Reasons for preserving section 377 of Indian Panel Code and rejecting the appeal of NAZfoundationHonorable Sir,1. I, Muhammad Mukhtar Alam, a Ph.D. candidate at Delhi University would like to draw yourattention 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 groundsthat it criminalizes homosexual act even between two consenting adults”. (The HindustanTimes December 8, 2001). The division bench comprising of Justice Devinder Gupta andJustice Sanjay Kishen Kaul issued notices to the respondents including the Uniongovernment, the Delhi government, the Commissioner of Police and the National AidsControl Organization (NACO) and sought their replies by January 28, 2002.2. I would like to respond to this as a citizen of India and a world citizen and call for a dismissalof this petition. A favorable judgement for the petition will violate the children to havereverent role models, and, most importantly this will create a supportive social climate for theadoption of homosexuality in India.3. I would like to strongly oppose the move of Naz Foundation as an anti-children, anti-familyand anti-God. Also through my research work, I have proved that environmental factors forthe adoption of homosexuality are ignored by all these campaigners of civil liberties whileoveremphasizing the contribution of genetic determinism. There is a case for “hijras” but thenthere is no case for the homosexuals who have been imitating a deviant and degenerate sexualpractice that has been approved in the European and American laws. My related academicsubmissions pointing out the need to review of the decision of American PsychiatricAssociation contained in my conceptual organization for description, analysis, prediction andcontrol of the personal/ social / world order can be seen athttp://updates.takingitglobal.org/read/Muhammad_Mukhtar_Alam . The submissions are webreferred 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 WorldCitizen” 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 theconstitution under article 14.15,19 and 21 in so far as it penalizes predominantly homosexualacts in private between consenting adults. This can be seen that this is an instance ofovergeneralization for the provisions of the cited articles. There is a concern for the rights ofthe children for reverent role models. Making homosexual act lawful will mean endangeringthe lives of many children who are being already provided with an overdose of atheisticlibertarian values where pre-marital and extramarital affairs do not get denounced, punishedand 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 ofeither 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 homosexualsand lesbians will create problems for the collective social health and individual health.1
  • 2. 6. It has been argued, “section 377 creates an arbitrary and unreasonable classification betweennatural (penile-vaginal) and unnatural (penile-non vaginal) sexual acts that violates article14’s equal protection before and under law”. Here Naz Foundation already assumes theexistence of a “sexual minority” whose rights are considered to be violated. There is norecognition of such minority in the constitution. There should not be any recognition to sucha minority in the law. Naz foundation is absolutely misguided in mimicking the deviantatheistic intellectual and political currents originating in Europe and US in this regard. AlsoNaz Foundation is misguiding the court on its understanding of constitutionally recognizedminorities. There is no violation of the article 14 of the constitution with reference to theprovisions of article 377 as there is no recognition for “sexual orientation” as a category. Ifthere is recognition for sexual minority there can be also a call to recognize the human rightsof 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 anexplicit reference to the “sexual minority” which refers to men and women who have beenmisguided for appropriating homosexual acts. Instead of calling for help in correcting thedeviant behavior an appeal is being made to recognize it as a normal and natural act. Alltraditional gender roles cannot be denounced. Atheistic feminist discourse needs to haverecognition 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 noimposition of gender roles on them. For homosexuals and lesbians, specific gender roles willcontinue to be socially desirable as men and women.8. According to the petition, the social effects (of article 377) drive gay men underground witha devastating impact upon HIV prevention efforts as “it becomes difficult to identify andtarget this population for HIV /AIDS prevention efforts through education and provision ofmedical services”. I would like to denounce this contention, as most of men who haveunnatural sex with men cannot be considered to be so ignorant and illiterate. As perjournalistic accounts most of the men and women identifying themselves, as gay and lesbianrespectively are quite well educated. There is no need for making homosexuality lawful inour country. There is need to campaign for the reverting to the pre-1973 position in so far asthe related categorization in Diagnostic and Statistical Manual of US is concerned. SheldonB. Korchin has noted the fact interestingly in his book on Clinical Psychology that it was thegay movement in US that compelled APA to change the understanding of homosexuality in1973. “Homosexuality was no longer considered a sexual deviance rather it was just analternative orientation” (Sheldon J. Korchin (1998),"Modern Clinical Psychology,Principles of Intervention in the Clinic and Community", CSB Publishers). It may be notedthat there is hardly anything “oriental” about this “orientation”. Homosexuality is a productof lack of moral control and absolutely wrong socialization .It is curable. The best cure can betried by seeking forgiveness for the past sinful deeds.9. It is important to campaign for the restoration of the old definition of degenerate practice ofhomosexuality that is being celebrated and paraded in the dancing halls and bars of theirreverent and atheistic West whereas practice of religion is propagated to be restricted to theprivacy of the homes. Also, I would like to appeal the people in the “orient” to campaign fordeleting the word orientation as this word has been abused by referring this to a sexualdeviance in DSM manual of American Psychiatric Association.10. According to a study conducted by Himachal Pradesh Voluntary Health Association, Shimla20% of the children have experienced homosexual atrocities. “Another after effect of this issharp increase in Transportation work which mainly comprise of rural people of HP with2
  • 3. large involvement of children working as cleaner. For one Big Cement plant viz. ACCCement Barmana approximately 8000 trucks are operating. As per one small study 20% ofsuch children have experienced homosexual atrocities”. There are other studies that haveshown the involvement of homosexuals in sexual abuse of the children through Internet aswell. Thus, I would like to argue that granting revision and elimination of the prohibitoryprovisions of article 377 will further increase the incidence of child sex abuse by malehomosexuals. In UK, there had been a demand by the gays for reducing the age of consentfrom 18 to 14. Considering the dominance of the atheistic liberal ethos, many children andadults will be become prone to the abuse of homosexuals. Also there had been a study where70% 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 NazFoundation while also seeking the deletion of references to adoption of homosexuality asmatter 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 forredefining institution of family so as to incorporate homosexual couples as family. There maybe call then for them to be considered as legitimate recipient of abandoned children foradoption. Thus it can be seen that for many youth, children and future generations permissionof deletion in provision of article 377 of IPC, there will be a great intellectual confusion. Thiswill also have significant adverse impact in the families where some boys and girls under thepersuasion such neo-liberal atheistic “social workers”, academics and homosexuals will becalled 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 byDr.Robert Spitzer proved that highly motivated homosexuals could be converted. They alsorepudiated the attitude of the mental health professionals “who have bought the idea that onceyou are gay you can not be changed”. He and his colleagues have found that 66% of men and44% of women had achieved good heterosexual functioning. With reference to the petition ofNaz Foundation it can be seen that there is no reference for the existence of controversy onthe etiology of homosexuality. Instead, they have been calling for making homosexualitylawful.14. In case, there is a favorable judgement, there cannot be an end to the social denunciation oflesbians and homosexuals in India considering the strong conservative values that are sharedacross 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 andseek correction in attitudes. Considering the history of dissidence this may be noted thatappropriation of homosexuality is an instance of the most extreme and worst development inthe anti-Christian discourse in Europe that was championed by Michel Foucault who couldhave excluded gays and lesbians while advocating for better treatment of women, blacks andprisoners. 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 thegays and lesbians from the psychiatric label of sexual deviance. Formation of groups oflesbians and homosexuals followed later and they have a vision to change the legislation inall societies. Unfortunately, Richard Falk has also included such a change in the existinglegislations as part of “humane governance” (Falk, Richard (1995), "Towards a new globalpolitics ,world order model project report of the global civilization initiative", Polity PressCambridge, UK )3
  • 4. 15. Considering the exclusive studies by the undersigned, I may be called in person forpresenting my case.Considering the above I would like to appeal for the dismissal of the petition with a severereprimand for Naz Foundation while suggesting them to use faith based instruments for gays andlesbians. They can do better prevention of AIDS by faith based counseling than seekinglegitimacy for deviant sexual acts. I would like to earnestly request you for the needfulinjunction for Delhi High Court in this regard.Thanking you in anticipationRespectfullyMuhammad Mukhtar AlamAs a Ph.D. candidate, Department of Psychology, University of Delhi, Delhi-1100715/4/20014

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