The Hindu : National : Consensus among Ministries likely on repeal of Section 377

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Consensus among Ministries likely on repeal of Section 377

Aarti Dhar

It is an absurdity these days, says Union Home Ministry

Until recently, Centre was divided over the issue
Law was drafted by Lord Macaulay in 1860

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.

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