India's Anti-Gay Laws Challenged
Human rights and HIV prevention group NAZ Foundation has submitted a petition to the Delhi High Court to have Section 377 removed from the Indian Penal Code. They’re also challenging several arrests made under 377.
The mid 19th century colonial law relates to “unnatural offences”, and basically criminalises private consensual sexual acts deemed to be against the order of nature, like oral sex for example, regardless of it being heterosexual or homosexual.
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life,” reads 377, “or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
While the law is technically neutral, it has been used extensively to stigmatise and criminalise gay, lesbian and transgender people. Activists say that people are arrested under the code, and some are blackmailed for large sums of money by criminal gangs, who threaten to out them to their family and friends.
According to VOANews, the move to have the archaic law removed in several Indian states has gained support from the country’s minister for health, Anbumani Ramadoss. At a recent world AIDS conference in Mexico City, the minister said that the law drives gays and lesbians underground, stigmatises homosexuality and sexual health, and increases the risk of spreading HIV.
Although other ministers said that removal of the law was not India’s main priority. Refusing to comment for or against 377’s removal, government spokesperson Prakash Jawadekar said that gay marriage and gay rights were “not very important issues in [India]”, before going on to talk about inflation and the plight of Indian farmers.
A gay-rights activist at the Alternative Law Forum, Ponni Arasu, said that sometimes gay couples who live together are sometimes charged with other crimes, such as kidnapping, by disapproving parents.
“We have gone to court many times where we actively cover up the nature of the relationship between two women because we do not want to complicate the case. You just want to get rid of the kidnapping charge so they can go on and live their lives. And that is because of a law like Section 377. If we were not actively criminalised by such a law, then we would be able to go to court and say, ‘They are lovers. They are adults. And they have the right to live with each other,’” said Arasu.
A ruling is expected later this year.
Just this year India held its first national gay pride march, which took place simultaneously in New Delhi, Calcutta and Bangalore.
Photo: Rainbow Pride Walk, Calcutta, June 29,2008. AFP.
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andrew m potts
said on the 14th Aug, 2008