India Moves One Step Closer to Decriminalizing Homosexuality

by Michael Jones · 2008-10-16 19:19:00 UTC
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IndiaIt's a little bizarre to think that by virtue of having sex with someone of the same gender, you run the risk of being fined and thrown in prison for up to 10 years.  But that's what India's law, a hand-me-down from Colonial rule under the Brits, currently says.

Section 377 of the Indian Penal Code:

Whoever voluntarily has carnal intercourse against the order of nature with another person of the same sex shall be punished with imprisonment which may extend to ten years, and shall also be liable to fine.

Yikes, that makes Deuteronomy sound like Superfudge.

Thankfully, India's courts may finally take a bold step this year and overturn Section 377, effectively decriminalizing homosexuality throughout the world's second biggest country.

This week, the Delhi High Court ruled that the Indian government must provide scientific evidence, and not religious text, to support their claims that Section 377 should be kept on the books.  In other words, the government needs to come up with solid scientific evidence to show that sex between two women or sex between two men is dangerous and should be criminalized.

According to the Naz Foundation, the organization that has filed public interest litigation in India to overturn India's anti-sodomy law, Section 377 is often exploited by the police to harass, extort money from, blackmail, and even rape MSM (men who have sex with men), mainly those from the lower socio-economic classes who have little knowledge of the law and their rights.  Section 377 has also been used by the police to restrict gay-related activities and to justify raids on parties and events.

Such a heavy stigma has forced many in India's LGBT communities to go underground, making it damn near impossible to educate about public health, specifically HIV/AIDS.  That's one of the reasons the Naz Foundation filed the public interest lawsuit in 2002, and it will hopefully be one of the reasons the Delhi High Court cites should they overturn Section 377 in the coming months.

For more information on the Naz Foundation, visit their Web site here.

Michael Jones is a Change.org Editor. He has worked in the field of human rights communications for a decade, most recently for Harvard Law School.
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