GayBombay: Legalising gay sex: Govt caught between two extremes

No consensus on decriminalising gay sex

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The Delhi High Court, which is hearing a petition challenging the arrests under Section 377 of IPC that bans sexual relationships among people of the same gender, has directed the government to spell out its stand clearly on the issue. Prime Minister Manmohan Singh had asked the ministries of Home and Health to resolve the differences over the issues and give a comprehensive response to the Delhi High Court.

But the fact is that the government could never arrive at a consensus on this controversial issue. Former home minister Shivraj Patil and former health minister Anbumani Ramadoss had taken divergent stand on the issue before the court. In view of the urgency of the matter, Union Home Minister P Chidambaram proposes to convene a meeting to discuss the controversial section of the IPC. While Chidambaram and Law Minister Veerappa Moily are understood to be in favour of repealing the provision of the IPC, the response of Health Minister Ghulam Nabi Azad is awaited.

Religious leaders oppose Govt move

Close on the heels of the Government indicating that it proposes to amend section 377 of IPC criminalising homosexuality, various religious and political leaders have come out opposing the move. VHP leader Vinod Bansal said homosexuality is against the culture and family system in India. It will result in the spread of a number of diseases.

Jamiat Ulema-e-Hind, a leading body of Muslims in the country, said the repeal of section 377 would create "sexual anarchy" in society.

Joseph Dias, general secretary of the Catholic Secular Forum, said the church will oppose the move. Church treats homosexuality as an unnatural act, against the divine law, he said.

Rt Rev Abraham Mar Paulos Episcopa, head of Marthoma Syrian Church of Malabar diocesan, said homosexuality is against the tenets of Bible. Man and Woman were created in God's own image. Homosexuality is against society".

The BJP also voiced its reservations. Party leader Mukhtar Abbas Naqvi said: "We are living in India, not in an European country. These issues are very important and sensitive. A thorough discussion is needed on this issue."

CPI(M) politburo member M K Pandhe said his party "doesn't support homosexuality". But he refused to comment about section 377, saying "our party has not discussed the matter".

Gay rights supporters upbeat

Gay rights activists, who held pride marches in Delhi, Bangalore, Chennai and other cities on Sunday for the second consecutive year, have welcomed the Government move. They feel that decriminalising homosexuality will boost fight against AIDS as any doctor treating a gay HIV-positive person can be accused of abetment under Section 377. Hundreds of gay rights supporters waved flags and danced past traffic during marches to celebrate gay pride and push for the repeal of a colonial-era law that makes homosexual sex a crime. The procession reverberated the air with music and dance while the protestors were shouting slogans like “377 hi,hi”, “377 Bharat Chodo” “Jeenedo Hame Jeene do”(please allow us to live).

Stung by criticism, Moily says no hurry to amend law

Stung by criticism, Moily says no hurry to amend law

Faced with criticism about the government's reported move to amend Section 377 of IPC, Union Law Minister M. Veerapa Moily said the government will not rush to repeal the controversial section of the law that criminalises homosexuality and "views from all sections of the society" will be considered before taking any decision.

The ministers of home, health and law will soon meet to discuss the issue, Moily said, replying to a question on news reports that the central government was considering to repeal Section 377 of the Indian Penal Code to legalise homosexuality.

"Right now, there is a court case on this topic, and hence we have decided to have a re-look on Section 377. When we finally decide, we will certainly take the views from all sections of the society. We are of the firm belief that a law is to facilitate and not to punish people," the law minister told reporters.

But he did not say how soon the ministerial meeting would be held. He said though amendments had been proposed to the penal code over the time, there was no integrated, comprehensive and holistic look at the clause.

Source: Agencies and India Syndicate

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