AHF Commends Delhi High Court for Overturning Anti-Gay Law

[Guest guest]

Move by Delhi High Court to Decriminalize Homosexual Relations in India Should

Help Reduce Widespread Stigma and May Help Reduce New HIV Infections in Hard-hit

Country

NEW DELHI (July 2, 2009)

AIDS Healthcare Foundation (AHF), the largest AIDS organization in the US and

which operates free AIDS treatment clinics in India under the banner `AHF/India

Cares,' today commended the Delhi High Court, which annulled a 150 year-old law

that criminalizes adult homosexual relations. The law, known as Section 377 of

the Indian Penal Code (IPC) outlawed, " carnal intercourse against the order of

nature. " In its ruling, the Delhi High Court found that section 377 of IPC

violated Articles 14, 15, 19 and 21 of the Indian Constitution and stated that

consensual sexual acts of adults in private should not be criminalized.

As Dr. Saavedra, current Chief of Global Affairs for AIDS Healthcare

Foundation, clearly pointed out during his plenary last year at the

International AIDS Conference in Mexico City: " Anti-Sodomy laws in existence in

more than 80 countries, including India, Iran and others; prevent people to

openly look for HIV prevention, testing and care services; that constitutes

itself into a huge stigma-barrier on the access to health services, because

people with different sexual orientation, fear that they will be discriminated

against, due to the fact that according to those laws, they are criminals that

need to be fined, jailed, punished or even sentenced to death penalties. "

" This ruling to overturn Section 377 of the Indian Penal Code should go a long

way to help reduce stigma and widespread discrimination against gay and lesbian

individuals living in India as consensual sexual behavior—and possible related

discrimination—will no longer be protected by, or codified into law, " said Dr.

Chinkholal Thangsing, Asia Pacific Bureau Chief, AHF Global. " In addition, by

officially recognizing the rights of gay and lesbian individuals to participate

in consensual sexual acts in private, the same as their heterosexual

counterparts, the Court's action may also ultimately help reduce new HIV

infections. There will likely be far more open discussion about prevention and

safer sex practices now that consensual sex is no longer illegal, and likely be

far less secrecy and shame. As a consequence, more people in India may use safer

sex practices; get tested for HIV, and seek medical treatment if found to be HIV

positive. "

" In India, as elsewhere, men-who-have-sex-with-men, commercial sex workers and

intravenous drug users—all illegal in India—are the three groups with the

highest risk for HIV exposure, " said Weinstein, President of AIDS

Healthcare Foundation. " The Delhi High Court is to be commended for its courage

and leadership in overturning this 150 year-old law, and in turn, protecting

vulnerable populations with this action. It is our hope that India's courageous

action will also send a strong message to some of the more than 80 countries

around the world that still have laws on the books criminalizing consensual

adult homosexual relations. "

According to UNAIDS, " The criminalization of adult sexual behaviour is hampering

HIV responses across the world. Such measures have a negative impact on delivery

of HIV prevention programmes and access to treatment by people living with HIV.

Not only do they violate human rights of individuals, but further stigmatise

these populations. "

UNAIDS also noted that countries that have non-discrimination laws against men

who have sex with men, injecting drug users and sex workers have provided better

access to HIV prevention, treatment, care and support services.

About AHF/India Cares

AHF/India Cares centers free provide HIV testing, psycho-social support services

and free anti-retroviral treatment including both pediatric and second-line

treatment. The facilities provide comprehensive HIVAIDS care and treatment and

holistic services, and serve as one-stop shops for people living with HIVAIDS

(PLHAs). In the Asia/Pacific region, AIDS Healthcare Foundation currently

provides free anti-retroviral treatment services to people in need through its

clinics in India, Thailand, Viet Nam, Cambodia, China and Nepal

About AHF. Additional information is available at www.aidshealth.org

Dr. C Thangsing

e-mail: <chinkholal.thangsing@...>