Gay sex in public? Er...

MiD DAY quizzes Bangaloreans on Section 377 to find out just what they've gleaned from all the media frenzy surrounding the recent court decision

What is your understanding of the Delhi High Court ruling on Section 377?
Bijita Gosh: I think it's about time that people start considering things from others' point of view too. It's a good thing the government has done in bringing this to light and solving it.
Abishek Pradhan: The government is just doing its job by giving these people freedom of choice and independence. I personally appreciate it.
Aditya Sharma: I think it's bizarre that a country like India, overflowing with different cultures, would actually give consent to gay people to get together. I feel happy, really happy hearing this news. I think we are on our way to a content world.

Does it now mean that gay couples can marry?
Bijita: When they have the right, I think there shouldn't be any complications. It's just like a man marrying a woman, except here it's man and man. Bottom line: the answer is a YES!
Abishek: Obviously, yes.u00a0 I don't know about the production of the children, but yes, they have the right to do it now.
Aditya: To see into this matter is extreme, because the family plays a very important role. If the family is up for it and the couple is really happy, I think there shouldn't be any hitch.

Does it now mean that gays can take over public space without fear?
Bijita: Yes, they have got the right. Gays are just like us but they swing different. It's very simple.u00a0 Now, there is nothing to fear and no need for all that fuss.
Abishek: The government had thought about this from the public view too, to legalise homosexuality, and there is no fear of taking over public space. It's everyone's land and we are living in it.
Aditya: Initially, people would have different opinions about gay rights but with time, things change. Like with Section 377. So, there is no room for fear.

Does it now mean that gay people can have sex in public?
Bijita: Well, as a straight person I've never done it!u00a0 If they want to have it, they can just get a room. Simple as that.
Abishek: Ha ha! I'm really not sure about them having sex in public. Doing it in private, yes, it's safe.
Aditya: They have the right to get married, right to live with each other, yes, all that is good. But I'm having second thoughts about gay people having sex in public. You know, it's not a good scene.

The naked truth about Section 377

Now that everyone is talking about it, MiD DAY answers some questions about the Delhi high court verdict on gay sex.

What was the original Section 377 all about?
Categorising homosexuality as "carnal intercourse against the order of nature", Section 377 of the Indian Penal Code had made it a criminal act that could lead to imprisonment or a fine.

In practice, this 150-year old law, instituted by the British, allowed the police to harass homosexuals. Police often assaults or extorts money from gays.

What has changed with the Delhi High Court verdict?
It has declared homosexual intercourse between consenting adults legal. It also stipulates consensual age for homosexuals as 18 years, while it is 16 for heterosexuals.
The decision came in response to a PIL (public Interest Litigation) filed by the Naz Foundation, an activist group.

So is the old law gone?
No, the verdict comes into effect only after parliament amends the law.

Can gays now marry?
No, Indian law does not recognise a marriage between adults of the same sex.

What hasn't changed with the verdict?
Section 377 itself remains, except that from now it will apply only to "non-consensual non-vaginal intercourse and intercourse with minors". Which is another way of describing rape.