Delhi HC to take up PIL on gay rights

MUMBAI: In a tony neighbourhood in Andheri, Rahul, a 25-year-old ITprofessional, shares an apartment with Brian (27), who works at amulti-national bank. For the last two years, their landlord and neighboursknow them as perfect roommates, but to friends and a few family members theyare a gay couple. In a country where homosexual acts are punishable with life imprisonment,few like Rahul and Brian manage to make a home for themselves. A publicinterest litigation being heard in Delhi HC this week seeking todecriminalise homosexuality is being watc-hed with bated breaths by thelesbian and gaycommunity<http://timesofindia.indiatimes.com/India/Delhi_HC_to_take_up_PIL_on_gay_rights/articleshow/3054907.cms#>. "Living with one's partner is taken for granted by my straight friends, butI have to make sure who I tell about our relationship," said Rahul, the moreoutspoken one who has also told his family about himself. Brian is still todecide what to tell his parents. "The Constitution guarantees the right to privacy and right to health, butthe law treats gay people as criminals whose rights can be abrogated," saidLesley Esteves, alesbian<http://timesofindia.indiatimes.com/India/Delhi_HC_to_take_up_PIL_on_gay_rights/articleshow/3054907.cms#>activistand spokesperson for Voices Against 377 a coalition of LGBT,women's and human rights activists. Voices is one of the organisations thathas filed an intervention application in the high court seeking a "readingdown" of the law. Section 377 says "whoever voluntarily has carnal intercourse against theorder of nature with any man, woman or animal shall be punished withimprisonment of either up to 10 years or life". Enacted in 1860, it was morestringent than anti-sodomy laws that existed in English law of the time. The section says, "Penetration is sufficient to constitute the carnalintercourse necessary for the offence. It includes a whole range of offencesfrom mutual masturbation, to fellatio and anal sex." The Law Commission in 2001 had recommended a repeal of Section 377, a movebacked by the Union ministry of family and child welfare in 2006. The law,however, remains. Gay<http://timesofindia.indiatimes.com/India/Delhi_HC_to_take_up_PIL_on_gay_rights/articleshow/3054907.cms#>activistand founder of NGO Humsafar Ashok Row Kavi explains that the PILdoes not seek a repeal of Section 377. "The court has been urged to readdown Section 377, so as to decriminalise homosexuality," said Kavi, addingthat more than legal repercussions, it is the social consequences that makesthe law draconian
Nitin KaraniFri, 30 May 2008 01:47:28 -0700http://timesofindia.indiatimes.com/India/Delhi_HC_to_take_up_PIL_on_gay_rights/articleshow/3054907.cms 20 May 2008, 0259 hrs IST,Shibu Thomas,TNN