NEW DELHI: The National Campaign for Sexual Rights (NCSR) has found that cases registered against four homosexual men in Lucknow were fabricated.

The NCSR constituted a fact-finding team to go into the arrest of the four men for allegedly "indulging in unnatural sex."

The police, in the first information report, alleged that the four men had violated Sec. 377 of the Indian Penal Code, which criminalises homosexual acts. The police alleged that the men were a part of an association of more than 1,600 people that discussed homosexual sex and related issues.

The fact-finding report, which was released at a protest meeting by human rights organisations outside Uttar Pradesh Bhavan here on Thursday, said Senior Superintendent of Police Ashutosh Pandey had arrested one of the men at his house and forcibly obtained the names and numbers of the other three. The police forced him to call the three other men on false pretexts and then arrested them. It said the police lodged the FIR 10 hours before they arrested the men.

The report pointed out that the police had not produced any witnesses to corroborate their version of the arrests.

Manohar Elavarthi from the NCSR said, "The police have violated the right to privacy and dignity of these men, by parading them before the media and divulging their personal details."

He said the effect of the police action and the sensational media coverage had resulted in the men being denied a fair and free trial, as they were judged guilty before the judicial process had begun.

The report said the arrests raise serious questions about the perception of homosexuality as "unnatural" by the State authorities, and the flawed nature of Sec. 377.

Pointing out that implementing Sec. 377 in today's context is a regressive step, the report demanded the release and immediate withdrawal of prosecution against the four men. It also demanded the immediate suspension of the police officers involved in the arrests.

It called for responsible and ethical media reporting which protects the dignity and privacy of all people.

The Joint United Nations Programme on HIV/AIDS (UNAIDS) has expressed concern at the arrests and has cautioned that the criminalisation of people at risk of HIV infection would increase stigma and discrimination, fuelling the AIDS epidemic.

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