Should we repeal section 377 of IPC

“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and also shall be liable for fine”. This is Section 377 of the Indian Penal Code-the law against homosexuality.

In India, homosexuality still is considered taboo. Writer Vikram Seth wrote an open letter to the Prime Minister recently requesting him to repeal Section 377. He was backed by Amartya Sen and many other celebrities. A sexual health NGO Naz Foundation filed public interest litigation in this matter. They demanded equality for lesbian, gay, bisexual and transgender people.

Many countries have declared homosexuality legal. But would we repeal Section 377 ? No government would dare to say “yes”. There are a lot of social, religious and above all psychological problems that will crop up if the law is repealed. Let us watch closely our home state-Kerala.

“Guys4Men” is a popular gay dating web site. According to their recent statistics over 30% of their members in India are Malayalees - thanks to literacy and tech savoir-faire. You can post your profile in this website. The most interesting thing is that almost 40% of the profiles contain photographs of the person. The modern youths have no hesitation to reveal that they are gay or bisexual. Where is the society heading for?

A recent study done by the Malayala Manorama on the case of missing children divulged strange conclusions. It brought into light the activities of many sex rackets in the state, especially in the northern parts of Kerala. Their activities included kidnapping children below the age of fifteen and supplying them to clients. The children are drugged before indulging in sex. The children loose their mental rhythm and become drug addicts. Many of these children abducted in their early teens never reach their homes. In the process they transform into agents. This is the state when the law against homosexuality holds. Just imagine a condition if the law is repeated. It is unimaginable.

Fidelity in homosexual relationships is another issue. This causes a lot of psychological problems. One of the partners becomes suspicious about the other’s relationship. This creates stress and many psychological problems. Recently in Malappuram a teenager was brutally murdered. His genitals were chopped off and defaced. The police started the investigation with a notion that terrorists were involved. But within days it was revealed that he was a gay and had a homosexual relationship with a friend and it was his feeling of insecurity that prompted him to kill his friend.

This is not a rare case. Many people kill themselves to homosexual relationships. Nandu and Sheela, the lesbian couple had created waves in the capital city some years back thanks to media coverage. They said that they would never separate. Four years later, Nandu is alone. Sheela eloped with her boyfriend. A dejected Nandu now tries hard to start a new life.

Male sex workers are also very common now. According to the State AIDS Control Mission, these male sex workers are a high risk group. They indulge in sodomy, without any protection. The law if repealed will hit the current AIDS awareness programmes.

The government should think well and act. As Prime Minister Dr. Manmohan Singh said there would not be much appreciation for repealing the law in India. That itself is the right answer…..

by

Sabarinath Bahuleyan.

sabarinathbahuleyan@gmail.com