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The law benders

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  • You seem to have gathered much evidence that homosexuality is not a disease,” Chief Justice A P Shah told the petitioners arguing against Section 377 in court, “unlike the (other side’s) lawyers, who have argued that ‘homosexuality is a matter of fun’.” The asymmetry in legal arsenal is no coincidence. The petitioners, Naz Foundation along with ‘Voices against 377’, had an army of young lawyers to wade through India’s Byzantine case law history, refer to parallels across the world and produce affidavit after affidavit. And they all did it for free. The lead lawyer for ‘Voices against 377’ was Shyam Divan. Helping him were a host of lawyers armed with impressive degrees. Shrimoyee Ghosh, Jawahar Raja, Arvind Narain, Mayur Suresh and Vasuman Khandelwal are all young lawyers from National Law School, Bangalore.

    Naz Foundation, the petitioner, was represented by Anand Grover from law firm Lawyer’s Collective. His arguments focused on linking health concerns of homosexuals to their ‘right to privacy’, in turn linked to their right to dignity. Assisting him were Trideep Pais, and Tripti Tandon — involved with the case since the beginning. Shivangi Rai and Mehak Sethi, both from India’s top law schools, rejected the lure of high paying corporate jobs to fight the case. “We are not just activists,” Rai says. “So we use our legal skills to make a persuasive case in court, not just shrill rhetoric.”

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    Why did they fight for free? For Mayur, it was his own gay identity, while for others like Vasuman it was the need to accord dignity to homosexuals.

    Pioneers and the Social Conscience of IndiaBy: RC | 06-Jul-2009 Reply | Forward These lawyers, whether fighting for their own rights or for others, are pioneers. They will be remembered, just like other freedom fighters, battling for justice, equal treatment under the law and above all human dignity. They are on the cutting edge of social revolution. They represent the downtrodden and will be rewarded with respect.The reason the lawyers for the Union didn't have any sound arguments is because they think it's a game, to play with people's lives, to deride as frivolous and "are in it only for the fun". No one risks their lives, open themselves up for blackmail or threat of jail for fun. They do it for love. They do it for survival.But it's not their lives at stake, nor is it their sons and daughters' lives...heck even if their children were gay, they wouldn't know what to do with it. Because they don't want to educate themselves, to break the shackles of tradition and colonialism. They prefer to live in the dark ages instead of opening their eyes to science.
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