A petition, filed by the Naz Foundation seeking a reading down of Section 377 of the Indian Penal Code, will finally be heard by the Delhi High Court.
MUMBAI: Today will be a big day for the gay, lesbian, bisexual and transgender (GLBT) community in India. A petition, filed by the Naz Foundation seeking a reading down of Section 377 of the Indian Penal Code, will finally be heard by the Delhi High Court.
The petition, filed in 2001, was thrown out of the high court two years later, on the grounds that Naz had no locus standi to file it. Following an appeal, the Supreme Court directed the High Court to hear the case again, which will begin today.
"The very fact that the Supreme Court has referred it back to them sends out a message that the petition has to be taken seriously," says Anjali Gopalan of Naz. The much-talked about 377 refers to that section of the IPC which deems sodomy and all other non-procreative sex as "against the order of nature" and therefore punishable by law.
In recent times, this section has been largely used to harass and censure the queer community.
But heterosexual couples should realise that they are equally liable to punishment under this section, especially if they indulge in any kind of non-procreative sex.
"This is not just a law looking at gay people," says Pramada Menon of the organisation Voices Against 377. "It is a clear violation of all people's rights, and a violation of the Constitution." Rather than seek a direct repeal of the Act, Naz wants the high court to decriminalise consensual adult sex and keep it out of the purview of 377. Doing away with it is not an option until there is a separate law on child sexual abuse, which is punishable under 377 as well at the moment.
The verdict, however, could go any which way. "There's always a fifty per cent chance that on the final hearing, the court may throw the case out again," says Anand Grover of Lawyer's Collective, which is representing Naz. "The matter never went on merit the last time. This time it will have to be heard on what the challenges to the Constitution are, on equality, privacy, discrimination and such." Supporters of the petition ----- including child rights activists and groups working with HIV/AIDS ----- are set for battle, should there be an unfavourable ruling.
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