Re: Let us talk it over (About deletion of Section 377 of the Indian Penal Code (IPC)

[Guest guest]

Dear FORUM,

Re: /message/9258

This is in response to the article by Mr. Amod Kanth Let’s talk it over.

Article 377 of the I.P.C. is a relic of n morality.It should certainly

be deleted, since it criminalizes homosexuality and lesbianism.

Not only that. The article 377 violates freedom of the individuals it prohibits

voluntary " carnal intercourse against the order of nature... "

Fellatio,cunnilingus and sexual intercourse in any manner other than the

so-called missionary position can be interpreted as crimes leading to

imprisonment!

Isn't that stupid? Consensual sex between two adults cannot be a crime.And that

includes 'adultry'.

However I do not at all mean to say that sexual abuse of innocent children is

not a crime. It is certainly a henious offence and the guilty deserves

punishment. But for that we do not need the highly normative Article 377. What

we need is a separate law for the protection of children.

Dr. Aninda Banerjee

Reader in Political Science,

St. 's college, Calcutta

e-mail: ab_phoenix4444@...>

[Guest guest]

Dear Forum Members

Re: /message/9258

This is in response to Mr. Amod K. Kanth's message. Obviously Mr. Kanth is

ignorant about what the PIL against Section 377 IPC is seeking in the Delhi High

Court.

Aside from what the Health Minister might have said in Mexico City, gay

activists are very clear that they do not want Section 377 to go at the cost of

endangering the lives and health of boy or girl children. This has been our

stated position for nearly a decade now, and it is well known that the PIL is

seeking a reading down of the section and not a repeal.

For the record, gay and lesbian activists have over the years also participated

in framing of the comprehensive sexual assault bill, which should give some idea

of the broader concerns that gay activists have.

 

This brings me to wonder as to whether Mr. Kanth is really worried about sexual

abuse of children or the " unleashing of delinquent behaviour once Section 377

goes " . If it is really the former, then Mr. Kanth should be venting his ire

against the slow progress on the framing of the sexual assault law because it is

such a law that stands to comprehensively deal with penalties for all kinds of

sexual abuse, including abuse against boy children.

Why hang on to an archaic, unscientific and unconstitutional law to seek redress

against an issue as serious as sexual abuse of children!

More so a law that going by Mr. Kanth's own statistics, has been singularly

unsuccessful in stemming the tide of sexual abuse of children?

Why not work to get a better deal for children instead of protecting them

through a pathetic and second hand measure such as Section 377?

 

In a deeper sense, the Health Minister is right. Ultimately, Section 377 must go

in its entirety or if it has to remain, then it should be reworded

completely to make some kind of sense in a modern progressive set up that India

claims to be.

Both for the sake of  same-sex loving men and for the sake of children.

 

Regards and best wishes

Pawan

Pawan Dhall

Country Director - Programmes & Development and

Calcutta Office Director

Solidarity and Action Against The HIV Infection in India (SAATHII) 

e-mail: <pawan30@...>

[Guest guest]

Dear Forum,

Re: /message/9258

Just as a matter of curiosty I would like to know how many cases have been

booked under Sec 377 against homosexuals and lesbians in our country?

To my knowledge only cases where a victim has complained of being subjected to

an unwanted act has been till date booked anywhere in the country. Anyone in the

forum who know better please enlighten.

I was also going through the NCRB reports and the case details and I did not

find a single case reported anywhere in the country where a homosexual or a

lesbian have been suo motto arrested and booked under Sec 377. Most of the cases

dealt with sodomy, and there was definitely a complainant in each of case.

As much as abuse of children is a matter of concern let us also not be so naive

to say that adults cannot be abused.

Dr Sunitha Krishnan

Prajwala

e-mail: sunitha_2002@...

[Guest guest]

Hi all,

Re: /message/9258

 

The argument that the rights of children are endangered by assuring the rights

of the queer community is both tired and flawed. In particular, it is disturbing

that an ambiguous law that never bothers to mention children is defended as

though it is an adequate means of prosecuting male child sexual abuse.

 

The rights of male children are endangered, not protected, when the laws they

must use to protect themselves from sexual violence are ambiguous. The strength

of criminal law lies in its specificity where victims of crimes can clearly

identify the violations experienced.

In this law, there is no protection for any child who experiences fondling,

forcible kissing, forcible touching, or any other form of sexual abuse that does

not involve " intercourse. "

Even penetrative sex is defined on its own hierarchy: only penile penetration is

considered a grave sexual offense, with other forms of penetration considered

lesser offenses.

Additionally, though we know children who are repeatedly abused are more

severely affected, there is currently no legal recognition of repeat offenses

against a child.

 

For the sake of both children and the queer community, this antiquated law must

be replaced with specific laws comprehensively criminalizing all forms of

non-consensual sexual behavior.

It is an insult to India 's children to pretend that such non-specific

legislation is the best we can offer child victims of sexual abuse.

 

It would be excellent to further back this comment up with data on how the

non-specificity of this law makes it difficult to prosecute/convict, and any

statistics on how often this law is used to harass the queer community as

opposed to prosecution of child sexual abuse (CSA).

I think the main point to be highlighted is that this law is not only

detrimental to the queer community, but also inadequate for protecting

children's rights.

 

Nisha

e-mail: <pinknishaa@...>