Mumbai, May 19: Lesbians and gays want the UPA to bend it for them. It’s the law we are talking about here. The ‘queer’ community wants the alliance, which got a clear mandate, to amend IPC’s Section 377 that discriminates against them
They have voted. Now they want their pound of flesh. Young members of the gay and lesbian community want the “youth-friendly” Congress to help them live life their way.
Give us the right to love: Photograph by gay activist Sunil Gupta
They want the Congress-led United Progressive Alliance (UPA) to amend the controversial Section 377 of the Indian Penal Code (IPC).
The lesbian, gay, bisexual and transgender community (LGBT) feels that the new government, which has the required political strength and claims to be “young at heart” with youth icon Rahul Gandhi as its poster boy, will be “modern” in the true sense and wouldn’t term homosexuality as an “unnatural” act following a law drafted more than a century ago.
“When the government talks about taking care of every section of society, why shouldn’t gays and lesbians too get their dues?
If the government feels that doing away with the controversial section will not be possible, let it at least be amended so that those who belong to this community are not judged as criminals,” said Ashok Row Kavi, a prominent gay activist.
According to Section 377 of the Indian Penal Code, any person indulging in a homosexual act can be imprisoned and fined.
“The law holds no relevance in a country that is undergoing such a positive change and is speeding on the path of globalisation.
According to it, a man cannot sleep with another man and a girl cannot marry another girl. This type of restriction is an insult to Indian democracy.
In a liberal society, how can any government or law stop someone from loving another person? I am hoping the Congress will bring about some radical changes in the law,” said Anjali Gopalan, executive director, Naz Foundation, a group that works for gay rights.
What gays and lesbians rightly cite as an example is that Nepal, which may not be as politically and economically stable as India, too is planning to formulate laws in favour of homosexuality.
In an order passed last year, the Supreme Court of Nepal agreed to introduce laws to guarantee rights of homosexuals and even allow same sex marriages.
“In India, transgenders are discriminated against at every step, even for something as fundamental as healthcare. They are routinely judged at government hospitals.
It’s time the government introduces a law that safeguards the interests of the community.
On passports, the status ‘transgender’ should be introduced and people of this community should not be forced to categorise themselves as male or female.
A special court should be set up to deal with issues of the community sensitively. Also in the longer run, same sex marriage should be legalised,” said gay activist Sumit Dutt.
Interestingly, lawyers too feel the section can be amended to allow homosexuals their rights. “Since the said section also covers child abuse, it cannot be done away with.
However, it can be easily changed to allow adults to voluntarily indulge in same-sex intercourse,” said Siddharth Narain, researcher, Alternate Law Forum, a body of lawyers.
What the law says
Chapter XVI, Section 377 of the Indian Penal Code is a piece of legislation introduced during British rule to criminalise homosexual activity.
It is also commonly referred to as the Anti-sodomy Law. The Section 377 was drafted in 1860 by Lord Macaulay as a part of the colonial project of regulating and controlling the British-and Indian-origin subjects, which reads:Unnatural offenses:
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
The ambit of Section 377, which was devised to criminalise and prevent homosexual associations sodomy in particular extends to any sexual union involving penile insertion.
Thus even consensual heterosexual acts but coitus such as fellatio and fingering may be declared a punishable offense under this law.
The Indian Penal Code was later reproduced in most other British colonies and to date many of these laws are still in places as far apart as Singapore and Sri Lanka.
Neighbouring envy
What gays and lesbians rightly cite as an example is that Nepal, which may not be as politically and economically stable as India, too is planning to formulate laws in favour of homosexuality.
In an order passed last year, the Supreme Court of Nepal agreed to introduce laws to guarantee rights of homosexuals and even allow same sex marriages.
–Agencies