It is surprising that independent India has not yet been able to rescind the colonial era monstrosity in the shape of Section 377, dating from 1861
Open Letter
We, concerned Indian citizens, support the overturning of Section 377 of the Indian Penal Code, a colonial-era law dating to
1861, which punitively criminalizes romantic love and private, consensual sexual acts between adults of the same sex.
Vikram Seth, Swami Agnivesh, Soli J. Sorabjee, Nitin Desai, Aditi Desai, Lakshmi Sahgal, Siddharth Dube
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A Statement in Support of the Open Letter by Vikram Seth and
Others
I have read with much interest and agreement the open letter of Vikram Seth
and others on the need to overturn section 377 of the Indian Penal Code. Even
though I do not, as a general rule, sign joint letters, I would like, in this
case, to add my voice to those of Vikram Seth and his cosignatories. The
criminalization of gay behaviour goes not only against fundamental human rights,
as the open letter points out, but it also works sharply against the enhancement
of human freedoms in terms of which the progress of human civilization can be
judged.
There is a further consideration to which I would like to draw attention. Gay
behaviour is, of course, much more widespread than the cases that are brought to
trial. It is some times argued that this indicates that Section 377 does not do
as much harm as we, the protesters, tend to think. What has to be borne in mind
is that whenever any behaviour is identified as a penalizable crime, it gives
the police and other law enforcement officers huge power to harass and victimize
some people. The harm done by an unjust law like this can, therefore, be far
larger than would be indicated by cases of actual prosecution.
It is surprising that independent India has not yet been able to rescind the
colonial era monstrosity in the shape of Section 377, dating from 1861. That, as
it happens, was the year in which the American Civil War began, which would
ultimately abolish the unfreedom of slavery in America. Today, 145 years later,
we surely have urgent reason to abolish in India, with our commitment to
democracy and human rights, the unfreedom of arbitrary and unjust
criminalization.