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42.KNOW YOUR RIGHTS

****IMPORTANT INFO FOR ALL GAY INDIAN MEMBERS****

KNOW YOUR RIGHTS

GAY SPECIFIC INFORMATION:

1. If you find yourself being interrogated, it is not necessary or
advisable to describe your sex life or sex acts that you commit. If
someone keeps insisting, respectfully say "It is my private
business", or suggest that its none of their business. Though some
homosexual acts are a crime in India, it is NOT A CRIME TO BE GAY. if
the fact of your sexual orientation comes out, it does not make you a
criminal in the eyes of the law, even with the presence of Sec 377
I.P.C. I think not knowing this fact is the ESSENCE of the fear and
ignorance of gay men that leads to their harassment, blackmail etc.,
and I cannot overstress this point enough.

2. Also, if someone threatens you with Sec 377, know that you have a
VALIANT SOLDIER on your side, called Section 389.

Section 389: Offence: Putting a person in fear of accusation of an
offence punishable by death, imprisonment for life or imprisonment
for 10 years IN ORDER TO COMMIT EXTORTION. Punishment: Imprisonment
for 10 years and fine. If the offence is an unnatural offence, the
punishment for the extortion attempt is an imprisonment for life!

What this means is that if someone threatens to have you arrested
under 377 in order to blackmail you or extort money you, you can turn
right round and tell him, "I will have YOU arrested under section 389
for threatening me with extortion!"

3. Will the police call my parents? If you find yourself in trouble
and the police threaten to phone/meet your parents, mention that you
are an adult and not a minor. Say that you are capable of handling
your own affairs, and that they should not be involved. However there
is nothing you can legally do to prevent them from contacting your
parents in the course of their investigation. But if they are
contacting your parents with the sole aim of extorting money from
them/scaring you into paying up, then that is a crime.

4. While filing a complaint, giving a false name and address is an
offence. It is necessary to give your name and contact information.

5. If they demand to have your mobile phone, wallet or any other
object, ask for them to make the demand in writing, take their signed
written demand and then hand the phone etc. over.

6. If a policeman says he is going to arrest you, he should be
wearing a visible name tag with his id and designation.

7. Respectfully ask for the policeman's id and take down all the
details on the ID card and keep them with you. Address the officers
as "Sir" always,however low his rank may be, or however high your
social status may be.

8. If you get a blackmailer punished for harassing you, and he gets
out on bail, don't worry. A precondition of the bail is that he
cannot intimidate you, or else the bail stands cancelled.

9. Anyone can file an FIR, even a friend of yours if you cannot at
that moment. Also you cannot be made to run around from one station
to another. As mentioned previously the nearest police station has to
take the complaint and then forward it to the jurisdiction police
station.

10. If you get into trouble on a local train, or the tracks, or the
stations - the offence comes under the jurisdiction of the railway
police and they have to be contacted. The railway police booth
station is usually on the platform and just outside the station, any
railways staff or the food stall-wallahs will direct you to it.

11. Do not use obscenities to show that you are not scared. Do not
threaten to contact some mythical higher-ups in the police. You will
bring out hostility in the cops and make matters worse.

12. Preferably talk in Marathi, as the police force is overwhelmingly
Maharashtrian. If you can, take along a respectful friend who speaks
good Marathi.

13. If you hire a lawyer, tell them everything about yourself,
including your sexual orientation. it will help them to fight the
case better. Besides they are obligated to respect your privacy and
confidentiality.

14. Don't start with the assumption of corruption and run around
trying to bribe everyone. A vast number of police offers are honest
and clean. Stand tall and have no fear. You are not in the wrong
simply for being gay.

15. Tell your gay friends what's happened to you. Share it with each
other and with mailing lists like Gaybombay. It will enable others to
help you, support you, as well as will prevent others from having the
same problem. It will also enable us to catch the blackmailers and
get them punished.

16. Don't tease or deliberately provoke the police or people in
public. You can stand on Marine Drive and smooch your boyfriend in
broad daylight, but be prepared to face the consequences of your
actions, and to stand your ground.

17. Porn CDs: It is an offence to distribute them under Sec 108 of
Cr.P.C. and Section 292 of the IPC. Never accept/buy such materials
from a stranger.

18. Contact Lawyers Collective or India Center for Human Rights and
Law in case you have such a problem. LC is another organization that
has done fantastic work in this regard.


Criminal Justice Initiative
4th Floor, CVOD Jain High School,
Pala Gali, Dongri,
Mumbai - 9
Ph: 022- 23439651 / 23436692
Ph : 022-23439651/23436692
Fax : 022-23433698
email : cji@ichrl.org

ICHRL:
4th Floor, CVOD Jain School, 84 Samuel Street, Dongri Mumbai 400009
India.
Tel: 2343 6692; 23439651.
Email: huright@vsnl.com
Website: www.indiarights.com

Lawyers Collective:
61 Jalaram Kripa, Ground Floor,
Janmabhumi Marg, Fort, Mumbai.
India 400001
Tel: 22875482, 22875483
Email: lawyers@vsnl.com
Website: www.hri.ca/partners/lc



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