Section 377 and the Dignity of Indian Homosexuals

Alok Gupta | Economic and Political Weekly | November 18, 2006

http://www.epw.org.in/showArticles.php?root=2006&leaf=11&filename=10770&filetype=pdf


This paper seeks to determine the extent and manner in which the
proscription of "carnal intercourse against the order of nature"
under Section 377 of the Indian Penal Code, 1860 makes criminals out
of homosexuals. Section 377 is not merely a law about anal sex
alone, but applies to homosexuality in general. The lack of a
consentbased distinction in the offence has made homosexual sex
synonymous to rape and equated homosexuality with sexual perversity.
Section 377 is the biggest affront to the dignity and humanity of a
substantial minority of Indian citizens. The decriminalisation of
sodomy will contribute directly to restoring the dignity of
homosexuals and allow the gay movement to emerge from the shadows.

Full text can be read at:
http://www.epw.org.in/showArticles.php?root=2006&leaf=11&filename=10770&filetype=pdf






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