Let’s talk it over (About deletion of Section 377 of the Indian Penal Code (IPC)

[Guest guest]

Let's talk it over

Amod K. Kanth: August 21, 2008

All that Sonu (13, name changed) wanted was to spend some time with

his mother, a sex worker. One day, while his mother was away, a man

entered and closed the door behind, started fondling his private

parts and sodomised Sonu — causing him injury, pain and life-time

trauma. Sonu ran away from his home and landed up in a crowded,

shabby and terribly mis-managed institution.

Sonu was one of the 18,200 respondents in a survey by the National

Study on Child Abuse team. Among the various forms of child abuse —

physical, emotional, economic, drugs and girl child neglect, the most

startling findings were about sexual abuse.

Among 12,447 children and 2,511 young adult respondents, over 50 per

cent disclosed having experienced different types of sexual abuse

ranging from fondling and forcible kissing, violation of privacy,

pornography, sexual exposure and exploitation, to sodomy, rape and

child prostitution.

For male victims of child abuse the only legal remedy available in

India is Section 377 of the Indian Penal Court (IPC) that provides

against unnatural offences i.e. voluntarily having `carnal

intercourse against the order of nature with any man, woman or

animal'.

The National Study on Child Abuse forms a basis for legislations and

policy formulation to protect children and must be considered.

Hence Health Minister A Ramadoss's announcement at the International

Aids Conference in Mexico City suggesting deletion of Section 377 IPC

appears to be a one-sided affair, even contradicting the Ministry of

Home Affairs' view, which believes that it would open the floodgates

of delinquent behaviour and take away the solitary legal course to

prosecute the child abusers in India.

Enthusiastic supporters of homosexuality in India, it appears, have

not carefully examined the legal provisions, their implications and

the actual application on the ground.

Enforcement of this law pertaining to unnatural sexual offences is so

half-hearted, albeit insignificant, that the National Crime Records

Bureau (NCRB) has no collective data on this.

However, Delhi Police Crime Records Bureau that covers a population

of over 17 million, reports an annual average of about 80 cases, over

80 per cent being registered in favour of sexually assaulted children

and practically none that may concern our `harassed' gay community.

Legally, socially and psychologically, one has to define and

understand the issues before we take a stand on the subject.

Since, the Health Minister has pleaded for deletion of the legal

provision that protects all male children and adults of India against

sexual assaults and the issue is already in the public domain, the

views of the experts, stakeholders, concerned citizens and the

voluntary organisations working for the Protection of Child Rights

must be elicited.

One has to examine whether the arguments being advanced on behalf of

homosexuals stand legal and experts' scrutiny; whether this move has

wider societal approval; whether the deletion of Section 377 will

protect the gay community in their public demonstration of sexual

practices, considered a private affair in the civilised world.

It is in interest of all that through legislations, policy

pronouncements, national and international commitments to protect

children from abuse and exploitation, India's government and civil

society will take a considered view on the matter instead of being

swayed by a small number of activists.

Amod K. Kanth is General Secretary, Prayas Juvenile Aid Centre

Society.

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