Gay Rights Group Challenges India’s Sodomy Law
The Advocate,
December 10, 2001
A gay rights group in New Delhi is challenging the Indian government’s
classification of gay sex as a criminal offense, according to The Times of
India.
The Naz Foundation, which advocates for gay rights and HIV/AIDS support and
education, has filed a petition with New Delhi’s high court seeking to
exclude gay sex from Section 377 of the Indian Penal Code, which reads,
"Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman, or animal shall be punished with imprisonment for life or
with imprisonment of either description for a term which may extend to 10
years and shall also be liable to fine." The foundation contends that the
penal code provision not only violates the right to life and liberty as
outlined in the Indian constitution but also impedes the effective control of
AIDS.
The foundation argues that private, consensual adult sexual relations fall
within the classification of intimate associations protected from government
intrusion under Article 21 of the Indian constitution. In its petition the
group asserts that Section 377 creates an arbitrary and unreasonable
classification between heterosexual and homosexual sexual acts that is
violative of the right to equal protection before and under the law, adding
that there exists no compelling state interest to justify the curtailment of
such an important element in the fundamental right to life and liberty.
The foundation goes on to say that Section 377 is discriminatory because it
criminalizes predominantly homosexual acts and imposes traditional gender
stereotypes of "natural" sexual roles for men and women upon sexual
minorities. In effect, the foundation says, Section 377 provides moral and
legal sanction for the continued social discrimination of sexuality
minorities.
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