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Until recently, the central government has been divided over the issue of legalising homosexuality. Now, the home ministry says, Section 377 is “an absurdity in the present day”
Four hundred years ago, the word ‘queer’ meant odd or unusual. A century ago, it was used as an insult for anyone who differed from society’s norms of gender and sexuality. Today, people across the world have reclaimed the word to empower, celebrate and unite people of diverse genders and sexualities. On Sunday, June 28, 2009, these sections of people in India welcomed a “possible decision” by the Centre to repeal the “demeaning and criminalising” Section 377 of the Indian Penal Code (IPC), to make homosexuality legal. Union Law and Justice Minister Veerappa Moily and Home Minister P Chidambaram appear to be in favour of overturning the ban and announced that the government was working to repeal the law drafted by Lord Macaulay in 1860. With the home ministry describing Section 377 as an “absurdity in the present day” and expressing its willingness to repeal the provision, the health and family welfare, home and law ministries are scheduled to meet shortly to resolve the issue through a consensus. “The Cabinet has mandated to have a re-look at the provision. But we are not going to rush to any conclusion. We will certainly take into account the concerns of all sections, including religious groups,” Moily said. It is not yet clear how soon the ministerial meeting will be held. Asked if such a radical step would not trigger protests from religious quarters, the law minister said: “We have to discuss all these questions before taking a final decision.” There was a feeling that the 150-year-old section in the IPC required a re-look. Though amendments to the IPC have been proposed from time to time, there has been no integrated, comprehensive and holistic look at the clause, he added. Participants of Second Queer Pride 2009, celebrated in the national capital and in other cities like Chennai and Bangalore, cheered the positive signals. “The signal coming out of the government that they are thinking of repealing the outdated law is definitely a good sign. I am very hopeful that the government will change the law regarding homosexuality. But we only request them to do it a little fast,” said Simran, a lesbian, who came with her partner to attend the event. Repealing Section 377 has been a contentious issue in India, with religious bodies strongly opposing the move saying it would lead to “anarchy” in society. Until recently, even the Centre was divided over the issue, with the health and family welfare ministries supporting the abolition of this “discriminatory” provision and the home ministry opposing it in the Delhi High Court, where the matter is pending on a public interest litigation filed by Naz Foundation. The demand for a repeal is based on the grounds that the ban prevents gays, lesbians, bisexuals and people of transgender from accessing HIV/AIDS treatment and is therefore discriminatory. Another contention is that branding as criminals people with “different sexual preferences” is a violation of human rights guaranteed under the Constitution. Previous Minister for Health Anbumani Ramadoss was in favour of legalising homosexuality and removing discriminatory provisions against vulnerable sections. But the then Home Minister Shivraj Patil opposed this claiming it would encourage child abuse and lead to anarchy as Indian society, particularly religious groups, was still unprepared for the change. It was ultimately Prime Minister Manmohan Singh who asked the ministries to come together to evolve a consensus on the issue. The Delhi High Court also asked the Centre to resolve the matter. Drafted by Lord Macaulay, Section 377 of the Indian Penal Code, which criminalises homosexuality, reflects the social mores of Victorian England. England of course has moved on, but, mindful of a religious backlash, the Indian political class has never repealed the law, leaving the courts as the last resort. “Unlike other minorities, sexual minorities will remain minorities by their very nature. They are a reminder that society is a pluralistic multitude and that each of us are different yet equal. Pride Marches throughout the world are the key to a society where each person is valued for who he or she is, without asking for anything in return. India’s gay community is slowly coming of age and will not go back into the closet. That’s for sure,” Ashok Row Kavi, founder-chairman of the Humsafar Trust and a gay rights activist said on the eve of the Pride Marches in the country. Source: The Hindu, June 29, 2009
The Indian Express, June 29, 2009
Hindustan Times, June 29, 2009
IANS, June 29, 2009
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