Consensus among Ministries likely on repeal of Section 377

[Guest guest]

Consensus among Ministries likely on repeal of Section 377

NEW DELHI: Four hundred years ago, the word `queer' meant odd or unusual. A

century ago it was used as an insult for anyone who was different from society's

norm of gender and sexually `correct' behaviour. Today, people across the world

have reclaimed that word to empower, celebrate and unite people of diverse

genders and sexualities.

On Sunday, these sections of people here welcomed the Centre's efforts and its

" possible decision " to repeal the " demeaning and criminalising " Section 377 of

the Indian Penal Code (IPC), to make homosexuality legal.

The Second Queer Pride 2009, celebrated here and in other cities like Chennai

and Bangalore, came a day after the government announced that it was working to

repeal the law drafted by Lord Macaulay in 1860.

For the `sexual minority' it was a day to smile and celebrate as their everyday

struggle for respect and dignity seemed like it was coming to an end.

Repealing Section 377 has been a contentious issue in India with religious

bodies strongly opposing the move, saying that it would lead to " anarchy " in

society.

Until recently, even the Centre was divided over the issue, with the Health and

Family Welfare Ministry 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 the Naz Foundation.

The demand for the repeal is based on the ground that the ban prevents gays,

lesbians, bisexuals and transgender people, from having access to HIV/AIDS

treatment and is hence, discriminatory.

Another contention was that describing people with " different sexual

preferences " as criminals was a violation of human rights guaranteed in the

Constitution.

The previous Health and Family Welfare Minister Anbumani Ramadoss had favoured

legalising homosexuality and removing discriminatory provisions against the

vulnerable sections.

But, the then Home Minister Shivraj Patil had opposed this, saying that it would

encourage child abuse and lead to anarchy as the Indian society was still not

prepared for such a change, particularly the religious groups.

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 had also asked

the Centre to resolve the matter.

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, the Home and the Law Ministries are scheduled to meet shortly to

resolve the issue through consensus.

http://www.hindu.com/2009/06/29/stories/2009062959461100.htm

[Guest guest]

Dear FORUM,

Re: /message/10440

I think ,it is the high time for all of us in the community to resolve

the issue on repeal of Section 377.Since time immemorial, sexuality has been

taking the prime role in our society.

In this modern era of development,each and everybody in the society has a moral

responsibility towards sexuality and it should be embodied as per their socio

cultural, political & behavioral environment.

Sexuality should not necessarily be only the sexual intercourse between a man

and a woman.

The people belonging to the homosexuality are discriminated many a times in

terms of opportunity in the socio political, cultural, behavioral and

economical context.

For example, if they suffer from HIV/AIDS ,they are not given the first

priority for evaluation and other associated measures. They are not considered

as important persons in the society. But why?

We all are human beings and every body has equal rights to live.Our

so called law has been fueling in this crucial juncture.

So, it is the high time for all of us to think, consider and take a

general consensus for legalising homosexuality in the broader sene of

societal context so that each member in the community can enjoy the

optimum robust benefits.

Dr D J Borah

e-mail: <dj_b20@...>