welcomed the Delhi high court order, they were not sure if it would have an
immediate impact on the cases filed against members of their community"
<http://timesofindia.indiatimes.com/>
http://timesofindia.indiatimes.com/photo.cms?photoid=1799437
<http://timesofindia.indiatimes.com/articleshow/msid-4741814,prtpage-1.cms>
http://timesofindia.indiatimes.com/photo.cms?msid=3360035
Gays, eunuchs have 135 cases pending
6 Jul 2009, 0123 hrs IST, Viju B , TNN
MUMBAI: The city police have registered 135 criminal cases pertaining to
unnatural sex under Section 377 of the Indian Penal Code over the last ten
years. Significantly, all these cases are still pending at various police
stations.
TOI spoke to a cross-section of homosexuals and eunuchs who said a majority
of these cases was filed to harass the LGBT community. "Recently, two
eunuchs who were travelling in a second class compartment were thrown out by
cops though they had valid tickets. They were then put behind bars and asked
to strip,'' alleged Abhijit Aher, who has been associated with Humsafar
Trust, an NGO that works for the welfare of LGBTs.
Aher said there were several instances where eunuchs were put behind bars
when all they were doing was begging or having commercial sex. "Members of
this community resort to begging and commercial sex as nobody in the society
is willing to offer them a decent livelihood,'' he added.
Members of the city's gay community say sometimes masseurs offer consensual
sex and then try to extort money from them by threatening to file cases
against them. "In many cases, the homosexual persons pay the exorbitant
amount as they fear they may have to appear in court if a case is filed
against him under Section 377 of the IPC,'' Aher said.
Section 377 of the IPC says that any person who has voluntary carnal
intercourse against the order of nature with any man, woman or animal, shall
be punished with imprisonment for life, or with imprisonment that may extend
up to ten years, and will also be liable to a fine.
"This section has been misused by the police and it is high time the law is
amended,'' said IPS officer-turned-lawyer Y P Singh.
Agrees RTI activist Chetan Kothari, who has filed a query on this issue.
"The fact that a large number of cases are still pending shows that the
police are not interested,'' he said. Gay activists said though they
welcomed the Delhi high court order, they were not sure if it would have an
immediate impact on the cases filed against members of their community.
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