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Code of conduct
Section 377 of the IPC has its origins in mediaeval Vatican law, which found its way into the St James Bible. From there, the law entered the British legal system and from there it entered the Indian legal system.
In 1964, the law was repealed in Britain.
The part of the law that is the bone of contention is, "Of unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years and shall be liable to fine." At a press conference on Friday organised by support groups working with gays, lesbians and other sexual minorities, the protagonists were outnumbered by media persons almost 10 to one.
The reason for the scant representation of the groups seeking to air their problems, had little to do with their social reserve than with a piece of archaic law left over since British rule.
Section 377 of the Indian Penal Code (IPC), enacted by British colonialists in 1861, criminalises homosexuality and makes homosexual behavior among consenting adults an offence. Ironically, while the law has been revised in the land of its origins, in India, after more than 140 years of its enactment, homosexual groups are still fighting to get rid of it.
A Public Interest Litigation, asking for a change in the law, is now pending in the Supreme Court.
Geeta K, who works with Anchal, a support group for lesbians, explained how difficult it was for her to come out in public about her sexual preferences. "I was not supported by my family. I had nobody to talk to. Even to be here, in this press conference, is not easy," she said.
The speakers, including representatives of Dai Welfare Society, which works with eunuchs, explained that the law does not just criminalise consensual sex between two adult men or women, but also heterosexuals. Actually, the law requires that, to be convicted, the accused should be caught in the act. However, activists say it is used by authorities more to blackmail individuals and extort money.
Ernest, of the Sakhi Char Chowghi, an organisation working with gays in slum and lower-middle-class families, said, "Very rarely are people caught having sex together. More often, they are merely held on suspicion. The police take the identity cards or railway passes and ask for money."
Ashok Row Kavi, one of the few visible and voluble faces of the gay rights movement in India, said, "The law fails to differentiate between consensual and coercive sex." Kavi represents Humsafar, which runs a helpline for gays in Mumbai. He said that while there is no law in India that makes gay sexual orientation an offence, Section 377 makes gay sex criminal.
What is worrisome, according to Kavi, is that the law makes it difficult for gays to obtain medical help. He explained that almost 30 per cent of gay men have HIV/STD today.
Presently, there is debate among gay and lesbian groups on whether the law should be completely struck down or modified. Some groups at the press conference felt it needed to be modified. They pointed out that, for instance, victims of lesbian sexual harassment may not be able to seek justice under the law, as there is no penetration involved.
"Also, this section is the only law that can be used to deal with child sexual abuse cases," said Kavi.
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