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Gay No

Gay No

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Published by asgroup06

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Published by: asgroup06 on Nov 16, 2009
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Students Islamic Organisation of India (S.I.O), Kolkata
Gay? NO.
India being a welfare state has gone beyond its traditional obligations to administer the nation. Itis also concerned with the beneficial interest of the mass such as public safety and protection of health and Morals.Right to Privacy is not an absolute right."The US Supreme Court has recognized the centrality of the family. In an opinion on the right of  privacy, Justice Harlan said:
"The right of privacy most manifestly is not an absolute. Thus, I would not suggestthat adultery, homosexuality, fornication and incest are immune from criminalinquiry, however privately practiced ... but the intimacy of husband and wife isnecessarily an essential and accepted feature of the institution of marriage, aninstitution which the State not only must allow, but which always and in every age ithas fostered and protected."
1
In Vijaya v. Chairman and Managing Director,Singareni Collieries Ltd
2
,
it was stated that  Subjecting an individual to compulsory HIV testing was not unconstitutional even though it infringed the individual’s right to privacy because the state also had an obligation under theconstitution to take steps to improve public health.
Section 377 of the Indian Penal Code deals with the unnatural carnal intercourse against the order of nature. Consent of the parties is immaterial and the party consenting is equally liable as anabettor. The Unnatural offences discussed under this section are Sodomy and Bestiality.Sodomy may be either Homosexual or Heterosexual. In case where the parties are of the samesex, it will be termed as Homosexual and if the parties are of the opposite sex it will be called asHeterosexual."
The physiology of the rectum makes it clear that sodomy is unnatural. The Inwardexpansion of the rectum during anal intercourse frequently tears the rectal lining,resulting in spasms, colitis, cramps, and a variety of other physical responses.Furthermore, sperm can readily penetrate the rectal wall (the vagina cannot be soreadily penetrated) and do massive immunological damage, leaving the bodyvulnerable to a bewildering variety of opportunistic infections.
"
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Since there is no systematic study or survey regarding the Diseases Related to Homosexualityin India, we cite the survey conducted in some countries.
Diseases Related To Homosexuality
1
Poe v. Ullman; 367 US 492, 52, n.3; 1961;
2
Vijaya v. Chairman and Managing Director,Singareni Collieries Ltd, AIR 2001 AP 502
3
(David Ostrow et al, eds., “Sexually Transmitted Diseases in Homosexual Men”, New York, Plenum MedicalBook Co., 1982
1
http://sites.google.com/site/siokolkata09/
 
Students Islamic Organisation of India (S.I.O), Kolkata
1.Mental Illness
A New Zealand study which followed 1007 individuals since birth found that at the age of 21, the28 subjects classified as gay, lesbian or bisexuals were significantly more likely to have hadmental-health problems than the 979 classed as heterosexual.
4
2.Kaposi Sarcoma
The
 International Journal of Dermatology
explains why homosexuals’ behaviors place them athigh risk for this disease, which affects the mucous membranes and the skin of its victims:“In this high risk group [the gay male population], the predominant portal of entry of free andcell-bound HIV as well as the brunt of associated cofactors and opportunistic infections can betraced to both ends of the gastrointestinal tract (mouth and anus) and also the genitalia, whichhappen to be common sites for KS lesions in addition to their lymphatic watersheds.”
5
3.Hodgkin’s Disease
Homosexual men suffering from HIV/AIDS also suffer from other cancers and lymphomas. Onestudy published in the
 Annuls of Medicine
noted the connection between homosexual AIDS patients and Hodgkin’s disease. The study concluded, “An excess incidence of Hodgkin’s diseasewas found in HIV infected homosexual men.” The
 Journal of Clinical Oncology
 published astudy that further supports a connection between homosexual male AIDS patients and Hodgkin’sdisease.
6
4.Anal Cancer
The
 Journal of the American Medical Association
also published similar findings:"Epidemiological studies have shown that risk factors for anal cancer include homosexuality,history of receptive anal intercourse, presence of anal condylomata, and smoking." 
7
5.Impairment of Immune Response
Several researchers have concerned themselves with the immune dysfunction consequent to thedirect entry of semen into the bloodstream by means of anal intercourse. Joseph Sonnabend hasargued that repeated exposures to semen combined with various sexually transmitted disease pathogens result in impairment of immune response. Robert Root-Bernstein concluded thatexposure to semen through anal intercourse can initiate lymphocytotoxic autoimmunity. Another researcher who recognizes the pathogenic effects of semen is Eleni Papadopulos-Eleopulos. 
8
4
 
“Homosexuality and Mental Illness” by J. Michael Bailey.
5
 
 International Journal of Dermatology
6
 
 Annuls of Medicine and Journal of Clinical Oncology
7
 
 Journal of the American Medical Association
2
http://sites.google.com/site/siokolkata09/
 
Students Islamic Organisation of India (S.I.O), Kolkata
6.AIDS
The CDC reports in its June 2000 HIV/AIDS Surveillance Report that men who have sex withmen (MSM) account for the majority of AIDS cases in the United States.
AIDS CASES BY EXPOSURE CATEGORYMaleFemaleTotal
Men who have sex with men 348,657 - 348,657Injecting Drug Use 137,650 51,592 189,242Men who have sex with men and inject drugs 47,820 - 47,820Hemophilia/coagulation disorder 4,847 274 5,121Heterosexual contact 27,952 50,257 78,210Recipient of blood transfusion, blood components, or tissue 4,920 3,746 8,666Risk not reported or identified 48,343 19,042 67,387* Includes 3 persons whose sex is unknown. Numbers are based on AIDS cases reported to CDC through June 2000.
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Hence we see that protection and safety of Public Health and Morals is one of the importantduties of the state and in order to do so the state can transgress the right to privacy of anindividual.
Offences like Adultery, Causing Miscarriage etc. are unlawful irrespective of its taking place ona consensual basis. Similarly, Unnatural Offence that is technically unlawful, being against theorder of nature, cannot be rendered legitimate simply because it takes place on a consensual basis.
Adultery as defined in Section 497
states that:
Whoever has sexual intercourse with a person who is and whom he knows to have reasonto believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term whichmay extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
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(Department of Medical Physics, Royal Perth Hospital, Perth, Western Australia), author of “Looking Back on theOxidative Stress Theory of AIDS” published in
Continuum
volume 5, number 5 - mid-winter 1999.
9
CDC semiannual
 HIV/AIDS Surveillance Report 
.
10
The Indian Penal Code.
3
http://sites.google.com/site/siokolkata09/

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