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Mumbai cops had filed 137 cases in 10 years, reveals RTI

Deepa Suryanarayan / DNA
Friday, July 3, 2009 1:23 IST
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Mumbai: The Mumbai police registered 137 cases under Section 377 of the Indian Penal Code (which banned unnatural sex) in the past 10 years. About 40% of these cases involved minors, an RTI application by activist Chetan Kothari has revealed.


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Section 377 says that "whoever voluntarily has carnal intercourse against the order of nature, with any man, woman or animal shall be punishable with imprisonment of a maximum of 10 years".
It criminalises any penetrative sex that does not lead to reproduction, thereby criminalising sexual expression by homosexuals, bisexuals and transsexuals.

"I wanted to bring to light the huge number of offences being committed against minors in our city," said Kothari.

"While Section 377 also deals with sodomy and rape, among other things, it was largely used as a weapon to target the homosexual population," Zikir Khan (name changed) said.

Abhijit Aher, 32, a counsellor at Humsafar Trust, has dealt with several homosexuals who have been at the receiving end of society and the police's discrimination. "There have been many incidents where homosexuals have been beaten up or blackmailed. Money and sex are two of the biggest reasons behind crimes against homosexuals," he said.

"But now that the verdict is out, I feel like dancing on the streets and proclaiming my gay status," said Mithilesh Shah, who is planning to "confess" about his condition to his family.

"Another positive impact of the verdict is that it will boost the fight against HIV/AIDS," said Nitin Karani, trustee, Humsafar Trust.
"Till now we never used to talk about anal sex, whether in heterosexual or homosexual context. But now we'll be able to tell people about the risks involved," said Aher.

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