How is it a crime? Who is the victim?

This decision is a body blow to peoplersquos rights to equality privacy and dignity It is hard not to feel let down by this judgment which has taken India back several years in its commitment to protect basic rights This decision is a body blow to peoplersquos rights to equality privacy and dignity It is hard not to feel let down by this judgment which has taken India back several years in its commitment to protect basic rights The Delhi High Court had ruled in 2009 that the outlawing of consensual adult samesex relations was discriminatory and violated the rights to equality privacy and dignity set forth in the Indian Constitution It is particularly disappointing that the Supreme Court overturned this and ruled that Section 377 which criminalises ldquocarnal intercourse against the order of naturerdquo was constitutionally valid A very narrow reading of our constitution indeed This is especially surprising and disheartening because the Supreme Court has a substantial track record of being at the forefront of expanding the space for human rights in the country through a progressive interpretation of our constitution It is hard to imagine what the crime in same sex consensual sexual relations is or even can be Or how this act could have any negative impact on society or impinge on the rights and spaces of other people It is imperative that we ask the question how this is a crime Who is the victim A group of activists hold a banner against section 377 of the Indian Penal Code that criminalises homosexuality during a protest PicsBipin Kokate A very strong case can be made to refute the argument that Human Rights are a western concept and this judgment is about protecting Indian cultural values and indeed the Attorney General has said before the supreme court ldquoThe introduction of Section 377 was not a reflection of the existing Indian values and traditions rather it was imposed upon the Indian society by the colonizers due to their moral valuesrdquo But to debate this issue in a nationalistic or cultural or religious frame is to chase the proverbial red herring and would be a grave mistake It is unfortunate that this issue of the most basic constitutionally guaranteed freedoms of equality dignity privacy and freedom is being portrayed as a religious and a cultural issue It most certainly is not It is a simple issue of protecting the human in all of us of ensuring that prejudices do not get enshrined as law and of ensuring that it does not continue to expose lesbian gay bisexual and transgender people to harassment exploitation humiliation cruel and degrading treatment at the hands of the law enforcement machinery However not all is lost The Supreme Court has put the onus on the government to take legislative steps to amend the law and decriminalise same sex conduct between consenting adults And the law minister Mr Sibal has acknowledged that it is indeed up to the government and that his government would bring this amendment before parliament What is less reassuring is the fact that he is not committing his government to this course of action This is particularly ironic given that the same government quoted the Delhi High Court judgment at the UN Human Rights Council to bolster Indiarsquos image as a nation where human rights are progressing International law is unambiguous UN Human Rights Committee the expert body that oversees the implementation of the International Covenant on Civil and Political Rights has said that laws used to criminalise private adult consensual samesex relations violate rights to privacy and nondiscrimination The government of India has said that it is in favour of decriminalizing homosexuality Now is the time to act on its word Parliament must immediately pass legislation to restore the rights and freedoms that have been denied today The government needs to commit to the amendment of Section 377 with the same energy and urgency that it has mustered for other rights based legislation such as the food security actu00a0I am dismayed but not disheartened This is but a temporary set back Justice is on our side History is on our side The movement will win The author is chief executive Amnesty International Indiau00a0