Wife takes gay businessman to court March 8, 2009Posted by qmediawatch in Section 377, Times of India.
MUMBAI: A sessions court at Fort has been busy hearing an unusual matter—a wealthy businessman and a sailor with the merchant navy have had to plead for protection from arrest after the wife of the former alleged that the duo was in a homosexual relationship. The Gamdevi police even registered a case under Section 377 of the IPC—the law that criminalises homosexual relations—against the two.
Ratan Shrivastav, 39, a resident of Peddar Road, and his wife Pooja, 37, got married in 1994 and have an eight-year-old son. Pooja, however, alleges that Ratan “kept having relationships
with several men” which was “hampering her married life”. She also said that she had often sent Ratan to a counsellor but that did not improve their marital relations. The complaint also says that there are CDs in which Ratan can be seen in a compromising position with other men.
In his anticipatory bail plea, Ratan did not deny that he was gay. He said he first went to the cops in January when he was told that a non-cognisable complaint had been registered against him for slapping Pooja.
Mum unaware of son’s homosexual relations
Peddar Road businessman Ratan Shrivastav and his sailor friend moved the court for anticipatory bail after Ratan’s wife lodged a non-cognisable complaint against them at Gamdevi police station. Thereafter, a police constable even came to his residence on February 9 and asked his mother whether Ratan was a homosexual.
His mother replied that it was his personal matter and she had no knowledge of it.
Ratan moved court on February 27 when he realised that on a specific complaint by Pooja the police had registered a case under Section 377 against him and his alleged partner, Damien Christopher, 28, the sailor. Ratan feared that he was going to be arrested for custodial interrogation since homosexuality remains a cognizable offence under Indian law. He thus rushed to court for protection and the same day was granted interim anticipatory bail till March 7.
On Thursday, the court heard the anticipatory bail plea of Christopher. Judge D U Mulla wondered whether there was any need for custody in such matters. He observed that there was no evidence that Pooja had been harassed or whether police needed to collect any material evidence. The court granted anticipatory bail to Christopher. Ratan’s own plea will come up for hearing again on Saturday.
(Names have been changed to protect the identities of the parties involved)