UK says Indian gay ruling 鈥渋ncompatible鈥� with human rights
THE UK has gone public with its criticism of India for reinstating a colonial era law that effectively bans homosexuality.
Section 377 of the Indian Penal Code criminalises sexual activities that are not for procreation and 鈥渁gainst the order of nature.鈥� While homosexuality is not specifically mentioned, the law is widely interpreted as targeting and outlawing gay sex.
Those found guilty can face up to a decade in prison.
Stripped from the statute books in 2009, the Indian Supreme Court reinstated the law last December.
In its judgement, the court said the Indian Parliament should make a final decision on the 130-year-old law that dates from when the sub-continent was part of the British Raj.
In its , published last week, the UK鈥檚 Foreign and Commonwealth Office criticises the Indian turn-around, albeit in diplomatic tones.
The report says the ruling was 鈥渦nexpected鈥� and, 鈥渢here has been widespread public criticism of the decision within India”.
鈥淚t is important that India鈥檚 democratic institutions work through this issue, taking account of the fact that to render consenting same-sex relations illegal is incompatible with international human rights conventions, including the ICCPR [International Covenant on Civil and Political Rights],鈥� the report says.
The first legal same-sex marriage ceremonies in the UK took place in England and Wales last month.
As an out gay man from Mumbai, Kanishka Chuadhry, said he was worried about the implications of reinstating section 377.
鈥淭he 2009 judgement was the result of 20 years鈥� hard work. Now this has all gone to waste. People were shattered, now they can be harassed and bullied鈥�, says Chaudhry, who is currently working in Sydney.
He said the new ruling went against fundamental rights already enshrined in the constitution and ignored the many instances of homosexuality present in centuries-old Indian culture:听鈥淏y putting this 130-year-old law back in place, thousands of pastimes in the karma sutra have in effect been criminalised.鈥�
And while homosexuality has been criminalised again in India, the country’s Supreme Court this week recognised trans* people as a third gender in a landmark ruling.
According to reports in the BBC. the court ordered the government to provide trans* people with quotas in jobs and education in line with other minorities, as well as key amenities.
It is also estimated that India has about two million trans* people.
Kanishka Chaudhry is one of a number of people interviewed for the Star Observer鈥檚 new monthly edition about the challenges and opportunities that come with living as an LGBTI person overseas and how this has formed their view of being gay in Australia.听Pick up the Star Observer听from today in Sydney and Melbourne, and from tomorrow in Brisbane, Adelaide and Canberra.听
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While the Supreme Court ruled reinstating Section 377 of the Indian Penal Code, it has also given equal rights (though not for adoption and marriage) to the Transgender community. Just shows how there is a conflict in the minds of a democracy which is quite confused about its own citizens. A Victorian law gets reinstated and the country is the hub of all things modern in IT Outsourcing. To top that, there is a constant fear for the LGBT community about the result of this year’s elections. If the right wing party headed by Modi comes to power, the state of not just the LGBT community but also of women will be jeopardised in the name of religion and Hindutva! But, we shall strive till we achieve equal rights for all, as proper law abiding tax payers of this ‘democracy’. Thanks Kanishk for speaking on our behalf and voicing our fears, concerns and views from Down Under.