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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