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10 Mar 2010

Police refuse to register report made by gay professor in sex video set-up case

A professor in an Indian university, who was filmed having consensual sex with another man, was suspended from his job last month after the matter was brought to the notice of the college authorities.

In a case that has reignited the gay sex debate after the Delhi High Court decriminalised adult consensual intercourse seven months ago, S R Siras, a 64-year-old professor, was suspended for performing alleged homosexual acts in his official residence on campus. Dr. Siras, who headed the department of modern Indian languages at Aligarh Muslim University and where he had taught for 22 years, is due to retire this September.

The source of the video clip is unknown, even as rumours suggest that the professor was the victim of a 'sting' operation by a local news channel or by students who had broken into his home.

Dr. Siras, a well known poet who received the Maharashtra Sahitya Parishad’s award for his 2002 collection, Grass Under My Feet however alleges that several senior staff members of the university had a hand in the incident. The university had officially clarified that it was not a party to the incident.

Dr. Siras and his male friend were being intimate in the bedroom of his home on the evening of February 8 when three men pounced on them. The men are believed to have had entered his flat (at some point during the evening) before suddenly taking photographs, according to a report which was the result of a fact-finding mission conducted by a team of five lawyers and activists including Arvind Narrain of the Bangalore-based Alternative Law Forum (ALF).

The professor was also quoted as saying that as he pleaded with the three persons not to publish the pictures, pictures some of the professors from AMU including Dr. Zubair Khan (Proctor), Dr. Fareed Ahmad Khan (Dy. Proctor), Dr. Rahat Abrar (Public Relations Officer), Prof. N.A.K. Durrani (Media Advisor), Dr. Afzal Anees (Reader) entered his flat.

Dr. Siras said he was shocked to see his colleagues in his flat as he had never called for any help or invited any of the professors to his house that day except for Dr. Afzal Anees whom he had called for as he was not feeling well.

One of the men who claimed to be from the media told Dr. Siras that if he admits in front of the Proctor that he was having homosexual sex, then they will delete the recording. Dr. Siras immediately apologised and the Proctor told him to not to worry and that nothing will happen on this matter. Dr. Siras thought the matter had been settled and only realised the next day that the 'incident' had been reported in many newspapers. He was served with a suspension notice and was ordered to vacate his campus residence within a week the same day.

According to the fact-finding report which was released on Mar 10, Dr. Siras had repeatedly tried to file a First Information Report (FIR) about the various offences which were committed against him including criminal intimidation, assault, trespass and wrongful confinement on 3 and 4 March.

[A FIR is a written document prepared by the police when they receive information about the commission of a cognisable offence. An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case. From: www.humanrightsinitiative.org]

Prof Siras 'named' three unknown persons with a physical description and mentions that he would be able to identify them, if he saw them. He also named four professors of the AMU as having perpetrated the offences against him: Prof. Zubair Khan (Proctor, AMU, Aligarh), Dr. Fareed Ahmad Khan (Dy. Proctor), Dr. Rahat Abrar (Public Relations Officer) and Prof. N.A.K. Durrani (Media Advisor).

On 3rd March, 2009, he was sent back because the police said FIR was in English language and the police would only register an FIR in Hindi. The next day when he returned with a Hindi translation of the same, he was sent back again saying he should personally give it to Mr. Vijay Prakash,Senior Superintendent of Police (SSP), Aligarh, in the evening. Accompanied by the team of lawyers and activists, he eventually met with Mr. M.S. Chauhan, SP City, Aligarh who said the FIR it cannot be registered at the time point because Dr. Siras has named some very prominent figures in AMU.

The report read: ‘He (Chauhan) offered to accept the application but said that only after this matter has been further investigated will Dr. Siras be able to register an FIR. We informed the SP City that every citizen has a right to register an FIR and to this his response (in Hindi) was “kal tum log District Magistrate ke khilaf FIR karoge; aisa thodi na hota hai” meaning “tomorrow you people will go do an FIR against the District Magistrate and that will not be acceptable”.

‘As the Team refused to leave, the SSP had no option but to show up. He began by shouting at us saying “ahbi isi waqt yeh FIR kyun karni hai, kya aasman sirr pe gir pada hai?” meaning “has the sky fallen on your head that you have to do this FIR right now?” The SSP too refused to file an FIR and asked us to come to his office the next day.

‘The Team and Dr. Siras soon reached the Civil Lines police station and the process of registering the FIR started immediately. Mr. Singh, the police person in charge on duty told us that it will take several hours for this long FIR (in Hindi) to get typed and we can come next day early in the morning to collect a copy. He repeatedly assured us that it will be certainly ready by morning. 

‘That night (04.03.10), the Team left Aligarh. Next day (05.03.10), Dr. Siras informed the Team that the police have refused to file his FIR. A Team member called Mr. Singh at the Civil Lines police station and was informed that there is pressure from ‘the top’ to not register this FIR. Attempts were made to contact both the SSP and the SP City – SSP refused to talk about this and SP City was apparently too busy to talk.’

The update from Dr. Siras as on 9 March is that the FIR has still not been registered.

Meanwhile, over 80 academics from universities across India and elsewhere have signed an open letter in support of Dr. Siras.

‘The outrage of the university authorities is deeply misdirected. Instead of suspending Dr Siras, they should have taken stern and serious action against those who so blatantly took on the role of playing moral police with no regard whatsoever for Dr Siras’ constitutionally recognised right to privacy and dignity within his home and the university.’ Reads the letter titled “Whose Morality is This?”.

A Facebook group ‘We support Dr. S.R. Siras!’ has also been set up.

India » Uttar Pradesh

讀者回應

1. 2010-03-11 09:09  
This is a tragedy--a horrible entrapment.
2. 2010-03-11 18:02  
Grrr!! They should be thrown to the sea of sharks!
回應#3於於2010-03-11 23:34被作者刪除。
4. 2010-03-11 19:26  
Gandhi would be turning in his grave if he heard about this. In this modern age have the university incompetent authorities taken India back 100 years?? This man has every right to privacy in his own home.... and not be set up!
And what about Indian students ... why aren't you up in arms about this despicable act?
5. 2010-03-11 19:58  
People shouldnt talk like they are the saint or again speaks in god's name or judge by their religions. Put oneself into his shoes and feel for the him. He has his needs, right and privacy. What so unmoral about having sex in his own privacy or is it just because he is gay. Straights can, gay unmoral. What nonsene! He hant done anything wrong. Why not persuit the one who intruded and published his privacy? My heart bled for this man.
6. 2010-03-11 20:03  
... on the bright side of this story, you can be 64 years old, balding, with a couple of teeth remaining, and still get sex in India! It's a truly heartwarming story to those of us who're terrified of ageing.
7. 2010-03-11 21:20  
some people are just jerks ... but this will eventually pass ... stay well Dr. Siras! Those scheming ones will get what they deserve xoxoxoxox
8. 2010-03-11 21:46  
Stay strong Dr. Siras. Many in the world supports you and justice will be brought against these evil people.

The responsible team at Aligarh Muslim University, you have shown the world that you are socially and mentally backward and you disgraced your entire student body & staff with despicable, cowardly and vicious values against another fellow human being, depriving him of due respect and defense for integrity. You disgraced your country, dragging India back into the dark ages. Your vile actions mock the sanctity of your Supreme Court. You are all conscious criminals and must be punished!

Again, fundies provide nothing new. They say one thing and they do another. And the retard in the clip that says Hinduism, together with Christianity, Islam and Judaism does not approve of homosexuality, is pure ignorance. Nothing in the Vedas nor the Upanishads, contain a straightforward condemnation of homosexuality. In their world of evil, they make up their own laws. Nothing new.
修改於2010-03-11 21:54:12
9. 2010-03-11 23:53  
haha the newsreporter totally stumbled all over her words... "a professor.. has been fired for g- being gay.. n-new.. homosex-homsexuality.."..
10. 2010-03-12 00:39  
Bigotry at its worst.
11. 2010-03-12 01:47  
Welcome to America circa 1986...
12. 2010-03-12 02:46  
The bigger problem, as I see it , is that the police can ignore the law that they have been set up to uphold. If it nhasn't already, this case should be taken up at the highest level.
回應#13於於2010-03-12 02:47被作者刪除。
14. 2010-03-12 03:01  
He probably offended someone up there. This whole entrapment just stinks of a plot.
15. 2010-03-12 19:31  
I'm actually worried about the fact that the media showed a total disregard to social responsibility by publishing the story. I suspect that the uni would have much preferred to sweep its 'dirty laundry' under the rug and not be put into the position of firing him. The whole thing sounds like a kneejerk reaction to homophobic public affront.
16. 2010-03-12 19:42  
@15 finn72; not so as regards sweeping under the carpet, please read all three articles closely, in particular the step by step account in "Policing morality at AMU: An independent fact finding report".
University personnel and the journalists/cameraman appear to have been in on the whole thing; how do you think they got access to a private room on campus? The university is already under investigation by the Indian President for financial irregularities, an inquiry that had just restarted when this major, sudden distraction occurred. The university also, uniquely, has its own secret police (staff of 13) who spy on students and staff, who appear likely to have been involved.

There's also this in the press article: "Speaking to The Indian Express, Siras said he was targeted by a colleague. “A professor had told me that he would not let me remain in the Chairperson’s position for long. Barely a week later, this happened,” said Siras, adding that he was not filmed having sex. “I never hid the fact that I was gay, but was never overt about it either.”"

And he had been teaching at the university for 22 years, due to retire in a few months.
修改於2010-03-12 19:53:19
17. 2010-03-12 22:21  
18. 2010-03-12 22:59  
I believe certain individuals were responsible for the entrapment, but the proctor's response seems to indicate that the university as a whole probably dont want to publicise the issue, and the desire to remain untanished in that reputation is indicated by the need to fire him. They could certainly come up with more specious reasoning that to fire a gay guy than tell the world and entrap him with video evidence. I'm sure we've all seen homophobia at work without demanding so much evidence.

my point really was that the newspapers exacerbated the issue by agreeing to publish this news without any ethical consideration.
19. 2010-03-12 23:36  
@18; I see what you mean, the proctor's hand could have been forced by the conspiracy between the journalists and other academics, who may have published behind his back. It would have been much more sensible just to let the prof quietly work out his remaining few months and retire.

But obviously somebody wanted him out quickly, and possibly without a pension. I wonder what he had just been appointed Chairman of? Had he perhaps had something to do with the Inquiry against the proctor springing back to life? Or was it just someone's academic jealousy? If it was simple homophobia, it would have happened years ago.

In any event, there were several crimes and civil wrongs committed against him, and it's good he has the support to fight back.
20. 2010-03-13 10:16  
Call it set-up, entrapment, tragedy or whatever....the way I see it, we can view this issue in two ways.

1st, he most probably would have steeped in someone's tail...like having said something really harsh to some of the university's authorities. That's why they decided to 'take action'. I'm sure the university already knows before this and has so far decided to close an eye until now. You've all seen this happening in other countries where even their leaders have been taken to task.

Secondly, the university certainly had the rights to dismiss him. Please note that he wasn't actually doing it in 'his own private' home but in an official university residence. In a way, it does contradict the university's code of ethics or compromise his professionalism as an educator. This has nothing to do with him being entitled to his own privacy. The university does have its right.

I'm not condoning or condemning anyone but this opinion is something for all of us to think about. After all homosexuality is still quite a taboo issue in many institutions and countries. Sp let's 'cover our backsides'!
21. 2010-03-13 10:16  
Call it set-up, entrapment, tragedy or whatever....the way I see it, we can view this issue in two ways.

1st, he most probably would have steeped in someone's tail...like having said something really harsh to some of the university's authorities. That's why they decided to 'take action'. I'm sure the university already knows before this and has so far decided to close an eye until now. You've all seen this happening in other countries where even their leaders have been taken to task.

Secondly, the university certainly had the rights to dismiss him. Please note that he wasn't actually doing it in 'his own private' home but in an official university residence. In a way, it does contradict the university's code of ethics or compromise his professionalism as an educator. This has nothing to do with him being entitled to his own privacy. The university does have its right.

I'm not condoning or condemning anyone but this opinion is something for all of us to think about. After all homosexuality is still quite a taboo issue in many institutions and countries. So let's 'cover our backsides'!
22. 2010-03-13 15:31  
one step forward two steps back ? but it is good to see support from all sides ..so hope is not all gone yet ...but this will be a precedence and could be a blessing in disguise to further champion for gay rights and open the eyes of the local about being just and discrimination bestow upon gay people ...
23. 2010-03-13 20:56  
What astounds me is that the police and the judiciary are so corrupt as to not even accept the complaint unless he removes a key person in his complaint. That is obscene.
24. 2010-03-14 00:59  
sad
25. 2010-03-14 16:13  
Agreed with @18.

All these can be "quietly" resolved without the added involvement of the media which can and will only aggravate the situation to beyond salvation. The fact that media and the likes were called in only serves to drag him further down in the mud.

This only suggest that he offended someone or/and that someone decides to make him a scapegoat example.

26. 2010-03-17 17:10  
talk about self sabotage, it is a Moslem University, he would know the religious view on homosexuality, I very much doubt he was running around being a screaming pansy while at work but cloaking him self under the presumed cloak of heterosexuality, he was participating in homosexual sex while on university property,
a Moslem University, stupidity to me... self sabotage... men in his position should think more clearly and get their brains out of their dicks
27. 2010-04-02 11:59  
Here's the latest on that incident:

Allahabad High Court stays suspension of 'gay' professor

http://timesofindia.indiatimes.com/city/allahabad/Allahabad-HC-stays-suspension-of-gay-professor/articleshow/5753322.cms

Note how all these articles talk about "alleged homosexual relation with a rickshaw-puller".

They focus on the "rickshaw puller" part: it wasn't just about the relationship, but that it was with some sub-human species; a mere rickshaw puller that you wouldn't look at except to curse or hit.

----

Aztlan@26, he was in his home! Secondly, "Muslim University" does not mean that it is a mini Saudi Arabia in there. Plenty of Hindus and others study there too, and they are not bound to wear burqas or beards or to fast during Ramzan. India being a secular country, not a theocracy, it is the law of the land that applies, and should apply, to him wherever he is in India, and not the rantings of some crazy religion.

While I would agree that it was indiscreet on his part, we should be defending his right to do what he wants in the privacy of his home. In any case, he isn't a muslim himself, and it appears to me that neither is his partner.

In his case, he would be bound by Article 377 of the Indian Penal Code. But again, the question is, can 377 be enforced under these conditions of illegal breaking and entering?

From a legal standpoint, this is the fundamental issue. If you are renting a property belonging to a Christian, is it okay for him to break into your home on a Sunday and then have you thrown out because he "caught you doing some work" at home on the Holy day of Sunday when it was supposed to be the day of rest according to god?

Strangely, no one questions those guys who broke into his home illegally. Breaking and entering is a serious crime punishable by lengthy jail terms in some countries. Also, does this crazy religion instruct its followers to break into people's homes and violate their privacy and dignity by taking pictures of them and then lying to them and blackmailing them? Is all that part of that religion too? Is that the lesson we are supposed to accept?

According to your logic, no person living in that campus is allowed to prepare and eat food in the daytime during the month of Ramzan, even in the privacy of their homes. Incidentally, this is what muslims try to enforce, wherever they happen to be in a majority, as for example in some small towns in India: they run around trying to pull down the shutters of Hindu eating places during the month of Ramzan. It seems they are offended by the sight of Hindus eating while they are fasting.

And, what if there had been a gang-rape of a girl on that campus? Should they be stoning the girl to death, because of her temerity to commit adultery (meaning, get raped) on a muslim university campus? Would that be self-sabotage on the part of the rape victim too?

28. 2010-04-02 20:04  
@27, Mymanfriday; thanks for the update on the professor across these articles. It's good to know of his initial courtroom success; no doubt there's more to come.

You point out the publicity of what is really the crossing of "class" boundaries. This was what caused Oscar Wilde and others disaster, in Victorian England; many saw their greater sin as being in having relationships with the "lower classes". It's interesting if this attitude persists in India today. Gay people do tend to cut across all sorts of artificially constructed social and national barriers, because of what they have in common.
29. 2010-04-03 02:55  
Thanks mymanfriday@27. Well-argued. What anyone does within the confines of their residence with consenting adults is of no concern to anyone else if the action is not criminal.. and homosexuality is no longer a criminal offence in India (sort of..).

The University was acting some like mini-nanny-state which tolerates little diversity and comes down on dissenters, or those not of the mainstream with a ton of bricks. The result of their beige vision of an ideal society.

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