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Remove the purdah on sexuality

A final decision, though, on repealing Section 377 would be taken only after taking into account the concerns of all sections, says Moily.

There's been no word on how long the Centre will deliberate on the issue. But accepting that the law needs a review gives the gay rights movement a shot in the arm, say activists. This is a big step in the right direction, says Siddarth Narrain of the Alternate Law Forum, which has been spearheading the litigation pending before the Delhi HC challenging the validity of section 377. A definite time frame to relook the law will be the next logical step,he adds.

But activists are aware that any change in this law should not compromise the safety of children. Citing a Bombay High Court acquittal of two Britons in a paedophilia case as an example, Ashok Row Kavi of the Humsafar Trust says, the rules should be clear that sex with a child with or without consent is a punishable offence. We want the government to keep any act of private sex between consenting adults to be kept outside the purview of the law. Film-maker Onirban, a long-time supporter of the cause, echoes this view, Instead of criminalising consensual sex, especially non-reproductive sex, between two adults, we need to address and relook the laws that protect our children against abuse.

Just repealing Section 377, though, doesn't solve the problem, says activist Pramada Menon. A lot more needs to be done in India on issues of diversity. Sexuality is a silent issue, with the parliament saying that we cannot talk of sex education. With that kind of silencing, where does one find the space to address issues of homosexuality when heterosexuality itself is in purdah We need to first accept all people irrespective of their sexual desire, gender identity, sexual identities, caste, class, disability and ethnicity, and become an inclusive country. Then, maybe, homophobia will not raise its head, she says.

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Zephyrus Schroedderr,
Vysok Tatry
Stary Smokovec, 06201
Slovakia
Last updated: October 12, 2010