by Shibu Thomas
The Times of India
"The Constitution guarantees the right to privacy and right to health, but the law treats gay people as criminals whose rights can be abrogated," said Lesley Esteves, a lesbian activist and spokesperson for Voices Against 377 a coalition of LGBT, women's and human rights activists. Voices is one of the organisations that has filed an intervention application in the high court seeking a "reading down" of the law.
Section 377 says "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment of either up to 10 years or life". Enacted in 1860, it was more stringent than anti-sodomy laws that existed in English law of the time.
The section says, "Penetration is sufficient to constitute the carnal intercourse necessary for the offence. It includes a whole range of offences from mutual masturbation, to fellatio and anal sex."
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