Gay rights in India

While many countries have moved forward to recognise same-sex marriages, India is still groping in the narrow alleys of public morality and social good.

In this notion of public morality — which is enforced by the state — lies the rationale for Section 377, which dates back to 1860. This archaic law from the days of the Raj criminalises homosexuality by prohibiting "carnal intercourse against the order of nature", and goes on to punish such acts with imprisonment for life, or a term that may extend up to 10 years, and fine.

Union Health Minister Anbumani Ramadoss has raised expectations that the government may repeal the 148-year-old law criminalising sex between men. His declaration, at an international conference on AIDS in Mexico earlier this month, that Section 377 of the Indian Penal Code should be scrapped, had its desired impact back home, with gay rights groups welcoming the proactive stand.

Section 377, which does not prohibit lesbian sexuality or conduct in India, has been used by the police to threaten women, too. In 1992, two women police officers of Madhya Pradesh, who were ‘married’, were charged with ‘obscene conduct’ and forced to resign from their jobs. In 1999-2000, a Malayalam newspaper reported seven suicides by lesbians in Kerala. In the same year, a lesbian couple from Orissa was separated forcibly following police intervention, forcing the two to attempt suicide leading to the death of one of them.



On June 29 this year, Delhi, Bangalore, Kolkata and Puducherry celebrated their first-ever gay pride parades, with over 2000 persons turning up for the assertion of their rights.

Many prominent men openly admitting their sexual preferences have further strengthened the cause of gay rights. Prince Manavendra Gohil from a conservative principality in Gujarat risked family criticism and public ostracism by openly declaring his gay preference. Famous fashion designer Wendell Rodericks formalised his union with his French partner in Goa. The two got married under the French law to skirt Section 377.

But not all homosexual men have the courage shown by Rodericks. Close to 10 million Indians pay a heavy price for their chosen sexual preferences by subsisting on the margins. As the state denies them the right to interact openly in society, they cruise in public spaces, under the prying eyes of the police. The encounters often turn devastating, thanks to a law that victimises more than it shields.

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