Steback for gay rights in India

Posted on September 27, 2008
Filed Under Gay News Blog

The decision taken by the Union government of not scraping Section 377 of Indian Penal code, which considers homosexuality to be a criminal offense has come as a huge setback to the gay community and the human rights groups supporting the cause.

HE LAW against homosexuals in India states, “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 a term, which may extend to ten years and shall also be liable to fine.”

Homosexuals have always been discriminated against, in our country and have found no political backing whatsoever. No political party has ever come in support of them and it has only been the Indian film industry and some non-government organisations that have been fighting for their rights.

Meanwhile, the government has put an end to the debate of whether or not the century old laws relating to homosexuals should be changed, by categorically denying that such a change is needed. The law as it stands has not served any purpose for and barely have any homosexuals been convicted in the last few years, but they have always been discriminating against the homosexuals and even blackmailed them for their sexual orientation.

What is ironical is that the law against homosexuals in India has been present from the time of the colonial rule when India was under the British rule. The British for that matter themselves realised their folly and changed the law way back in 1967 and even went on to allow gay marriages in Britain from 2005 onwards. The move created a rage of gay marriages in the country with more than five thousand gay couples getting married on the day, when the new law came into effect.

The law in Britain made in the year 1967 goes on to say,

(a) A homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of 16 years;

(b) A homosexual act by any person shall not be an offence if he is under the age of 16 years and the other party has attained that age.

But the Indian government has yet restrained from changing the laws though the British woke up to their mistake more than 40 years back. Prime Minister Manmohan Singh was once asked by a journalist as to what he thought of the new law in Canada to allow gay marriages, to which the Indian prime minister said, “There would not be much appreciation for a law like that in India.”

The Ministry of Health under Ambumani Ramadoss has also come out in support of the gay groups by stating that with the present laws there are more chances of people catching the AIDS virus.

Government says its a crime to be gay
Merinews, India