Delhi High Court to consider decriminalization of homosexuality

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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INDIA: Equality fights 150 year old laws

New Delhi, March 8 On International Women’s Day, Jantar Mantar was congested with diverse activist groups gathered to voice their concerns and visions for the future.

In the middle of the huge banners and cacophony of chants by protestors, was a sexual rights coalition called Voices Against 377, which stood out with its bright rainbow banners, catchy chants and daring public challenges to Section 377 of the Indian Penal Code (IPC).

Over twenty gay, lesbian, queer and heterosexual Indians and expatriates shouted, “Hey-hey, ho-ho, homophobia has got to go!” “377 down, down!” and “Lesbian rights are human rights!” while proudly holding up placards reading “377 Quit India” and “Heterosexuality is not Normal it is only Common”.

Voices Against 377 is a Delhi-based coalition that emerged in 2002 as a response to the stand taken by the government in the Delhi High Court on Section 377. “It is a forum run by civil society groups that are challenging the law, claiming that it is in violation of human rights. Different groups within the coalition are also looking at the issue from the vantage points of human rights, women’s rights, children’s rights, sexual rights and HIV/AIDS,” says Sanjay, a gay sexual rights activist, law graduate and active member of Voices.

Sanjay claims the law is oppressive and stifling as it does not reflect the fluidity and complexity of gender identities and sexualities that have been celebrated throughout Indian history and mythology and that continue to be a reality in contemporary Indian life. “The legislation is vague in its wording and represents a Victorian language and morality that reflect the values of a point in time from over 150 years ago,” says Sanjay.

But he is hopeful about the future. “There is a contest between the rights of people who are affected by this law and the stand that the Indian government has taken for so long in the Delhi High Court. Different wings of the government have expressed different positions. The Law Commission of India has long argued for decriminalisation,” says Sanjay.

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