Saturday, September 26, 2009

“sexual orientation” with gender, caste, and religion

The Delhi High Court’s historic decision to decriminalize gay sex equates “sexual orientation” with gender, caste, and religion as identities that enjoy Constitutional protection. But while the verdict itself is unprecedented, the two judges who ruled in the case have a distinguished record of expanding Constitutional rights to protect the marginalized. The 105-page judgment that combines judicial innovation with an inclusive vision, written by Chief Justice A P Shah and Justice S Muralidhar fits perfectly with their record. Many of Justice Shah’s past decisions have been sensitive to the physically and mentally disabled. In 2005, he held that a staff nurse could not be fired by a state-run hospital after being diagnosed with schizophrenia. He also prevented the Railway police from evicting blind hawkers from a platform. In 2008, Chief Justice Shah along with Justice Muralidhar, slammed the Delhi government for not hiring special educators and physicians to cater to dyslexic students in schools run by the Municipal Council of Delhi. The Delhi High Court’s Chief Justice Shah along with Justice Muralidhar so called historic decision to decriminalize gay sex equates “sexual orientation” with gender, caste, and religion as identities that enjoy Constitutional protection which mending the law in the context of ARTICLE 372 Of our Constitution would have faced by Alien power difficult to introduce the concept of Homosexuality. But while the verdict itself is absurd unprecedented, the two judges who ruled in the case have a biased record of expanding Constitutional rights to protect the marginalized. The 105-page judgment, that combines judicial innovation with an inclusive vision, written by Chief Justice A P Shah and Justice S Muralidhar fits perfectly with their record of the condemnation by the people at large. Many of Justice Shah’s past decisions have been appears to be sensitive to the physically and mentally disabled, but they were delivered to create publicity with pernicious and reprehensible conduct . In 2005, he held that a staff nurse could not be fired by a state-run hospital after being diagnosed with schizophrenia, was the example of his concealed sympathy with retarded personality and a zeal to earn publicity. He also prevented the Railway police from evicting blind hawkers from a platform and thereby to provide manace to the public at large.. In 2008, Chief Justice Shah along with Justice Muralidhar, slammed the Delhi government for not hiring special educators and physicians to cater to dyslexic students in schools run by the Municipal Council of Delhi. Whether this judicial activism after review of the corruption cases of Smt Shila Dixit in Allotment of D.D.A. Flats and there by imposing 50 Lacks as the fine is the correct Judgment. M.C. Mehta Case in Mis-utilization of the water Of Bias River to his Hotel and imposition of fine of Rs. 50 Lakhs has been scrapped . It appears that in the lust of publicity this judge appears to have crave out his indulgence of opportunist to please Smt. Sania Manio of turin alias Sonia Gandhi,( governing The Nation) a roman catholic, as after the condemnation of Roman Catholics, on account of having the maximum incidence of Child Abuse, might have insisting upon by POPE to spread the message of Open Sex Education in our country., The judgement would have rendered in lieu of his proposed elevation as the Judge Of Supreme Court. The learned judges of delhi High court seemed to have been driven by their own hunger for publicity and to do something that breaks the path.Like a bored busnessman diversifying recklessly just for heck of it. Courts are not competent to make comments on matters of human conduct in the realm of religion and basic biological processes. Judges have exceeded their jurisdiction and thus deserve to be condemned. In my view it would be appropriate to relieve them from august duty of a judge of high court. The argument is almost foolish and naive. "It is love and not sin". Homosexual act is not love but distorted mentality.Act odf sex itself cant be called love.Homosexuality is disease of mind.If the judges' argument of human right is accepted then a mother having sex with her son by consent should also be normal and human right.The judges obviously lack basic undrstanding of concept of human rights and fundamental rights. To say that homoexuality is fundamental right to live cant be more ridiculous and sick proposition.Sex is right to live? what utter nonsense? It is time Government of India intervene and stop India becoming a mentaly sick and rotten society like in USA or Germany.The homo sexuals should be put behind bars and in mental hospitals. Such judges should be sent home. These judges dont bother to finish pending cases of hundreds of fundamental and human rights violation.They get time to settle sex cases of homosexuality. They forget that 2 crores cases are pending in courts with our third rate and rotten judiciary and judicial system characterized by rampant corruption and mismanagement and unaccountability. A old parent seeking for financial support is less urgent to these judges han homosexuality rights. It is sickening. I would advise Government to remove these judges from courts immediately and get this judgment reversed. or otherwise parliament should pass a legislation to clip wings of this stupid and sick judgement. The people of India may wake up and stop addressing to these lunatic publicity hunger and opportunist judges as MY LORD any more. We should not forget that act of sex is basically designed by nature for procreation and hence same sex homosexuality is anti-nature.and anti-nationalist concept being introduced by foreign invaders
Hindus also throng to religious places of other faiths in mazaars/peers, so much so that many of the mazaars/peers are maintained and looked after by the Hindus only. It is beyond doubt that most of the Muslim peers are flourishing because of Hindus only, and will be shut if Hindus stop visiting them. Hindus are always eager to appease the other communities by following their customs/rituals. We may justify it as secularism but actually it reflects our wavering faith in our own Gods and Goddesses. On the contrary, rarely is a follower of other faiths seen in our temples or practicing our rituals. Lack of faith in one deity has seriously affected unity among the Hindus and has lead to disorganization and weakening of the Hinduism. On thousands of occasions, Hindus have miserably failed to protect the respect of their Gods and Goddesses and religious places. This dilutes the devotion & enthusiasm and also impels a sense of ridicule for our religion in the minds of others. This is solely because of non-availability of a centralised religious command.

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