4/10/14

Love, Sex aur Dhoka.. What can we do?


On 11th of April, 2014 it would be 4 months since the infamous Suresh Kumar Kaushal vs Naz Foundation Judgment was delivered by the Indian Supreme Court. What started as a long battle for human rights, also included exposing a lot of groups to the mainstream focus with its own repercussions. The Supreme Court judgement and the media frenzy around it made homosexuality as a household news issue. Some sections of the society were getting sensitized to the issue, while some found themselves battling with newer problems added to the stigma around homosexuality. There were media stories covering issues of homosexuality, debates exclusively dedicated to this issue , scores of protests criticizing the judgment.

Supreme Court judgment directly affected the lives of scores of people who were finally out to their family and friends. Their coming out in the recent 4 years was back in the questioning fold. Some of them were thrown out of their families, a lot of them lost their emotional and financially support. Suddenly a lot of them found themselves in the middle of extortions and ransom scandals. Not everyone came out seeking for help, and not everyone was ready to help.

In the recent Mumbai case, a party member of AAP personally got involved in nabbing the 3 guys who asked ransom by threatening to disclose the person's sexuality to his families. A lot of such cases has been recorded in the past, but very few sought intervention from the criminal justice system. Why is that people are not seeking criminal justice ? Why is there a fear that the police themselves will book them under Section 377? Is there any remedy for such scenario?

What I am trying to do is, to provide information around issues of extortion. What can someone do, when one finds oneself in such a situation where the person is threatening to disclose some information regarding the person and in return is demanding money. Indian criminal system provides legal remedies in such a scenario and one can always explore the police machinery.

So for example in the case of ransom and extortion where one threatens to disclose the identity of the person, one can book the harasser under Indian Penal Code,1860.

a) Remember no one can book anyone under Section 377 of IPC for being a person from LGBT community. It is the act which is penalized, not the identity.
b) One can always deny the act.
c) If one is faced with a situation, where one is at the receiving end of a ransom demand. Please go ahead and report it to the police.
d) Seek a lawyer friend and visit the nearby police station. The police can always nab the person under specific sections of criminal justice system.

Section 385 of Indian Penal Code,1860 (which provides punishments for criminal acts) provides 3 years imprisonment and fine for act of extortion.

Section 386 of the Code also in addition to this, provides 2 years imprisonment and fine for putting person in fear of injury in order to commit extortion.

Thus acts of extortion in the form threatening calls or any sort of ransom demands can be covered under these sections. The harassers can be booked under these sections and taken into custody.

For any further assistance, there are several organizations that can provide legal assistance: I am mentioning some of the organizations in Delhi:

Lawyers Collective : -+91-11-46805555 
Naz Foundation :+91 11 2691 0499 \ +91 11 41325042
                 +91 11 40793157-61

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