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

Basically IPC 377 criminalizes any penetrative sex that does not lead to reproduction, thereby criminalizing sexual expression by homosexuals, bisexuals and transsexuals. It becomes a powerful weapon in the hands of police and goondas to harass, abuse, extort and torture sexuality minorities routinely. This law forms the structural basis for the widespread stigma, discrimination, marginalization and prejudice against sexuality minorities in our society. The issue is whether homosexual practices between consenting adults, in private, should be decriminalised by amending the section.

In India, it has a very serious public health dimension relating to HIV/AIDS prevention. If you criminalise any behaviour you increase the chances of it going underground. A change to the law will hopefully change that.

The human rights of homosexuals, as recognised in other jurisdictions, will help the Indian citizen to arrive at an informed judgment and de-stigmatise a significant segment of our population. The American Psychological Association has opined that “despite historical views of homosexuality, it is no longer viewed by mental health professionals as a `disease’ or `disorder’. But obviously, neither it is simply a matter of deliberate personal selection. Homosexual orientation may well form part of the very fibre of an individual’s personality.” And the European Court of Human Rights, while deciding a case from Ireland, noticed that “exclusive homosexuality can be congenital or acquired.” Some are born with long noses, big ears, or blond hair, so it could be with a homosexual.

So what do you think?