Change this pernicious law

Indian gays have been out of the closet for some time. To put it differently, urban India has come to accept, or at least recognise, homosexuality, and in some sections of society there is implicit tolerance of gay sub-cultures. This does not, however, imply that India has an enlightened view of homosexuality. Legally, according to Section 377 of the Indian Penal Code, sexual relations between partners of the same sex are illegal and punishable by up to 10 years in prison.

 

Now a group of influential voices is demanding a change. An open letter to the government of India, signed by eminent public figures such as author Vikram Seth and Nobel laureate Amartya Sen, is seeking the repeal of this law. The letter, which marks the culmination of a gay rights campaign that has been gathering momentum in the country over the past few years, has succeeded in bringing to light the harassment and human rights violations that the existence of this 145-year-old law has encouraged.

 

The letter and the campaign are welcome. As India takes confident strides forward in the economic and geopolitical spheres, and gets integrated into a globalised socio-cultural environment, it is only to be expected that sooner or later a liberal cultural ethos is reflected in its laws as well. The fear of punishment and social opprobrium makes homosexuals, both male and female, hide their sexual orientation and live in perpetual fear of being ‘outed.’

 

But, before the law is chucked out, we should note that the section also protects minors. Throwing out the law would make it difficult to prosecute paedophiles and protect children. Therefore, instead of repealing the Act altogether, a suitable amendment that decriminalises sex between partners of the same gender may do the job just as well.

 

Such an amendment would also boost the Aids awareness campaign which, at present, does not target high-risk categories like homosexuals because of the law. In fact, just recently, the National Aids Control Agency filed an affidavit in the Delhi High Court, stating that Section 377 posed a public health risk by driving gay men underground.

 

The campaign may not change things immediately, given the problem’s socially sensitive nature, but the government must realise that it is an idea whose time has come. We cannot have citizens discriminated against on grounds of sexual orientation. That goes against the spirit of republicanism and human rights.