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Govt working to repeal law against homosexuality
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Time to dump Section 377? Tell us!

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September 26, 2006 23:22 IST

The Ministry of Health and Family Welfare is working with the home ministry to repeal Section 377 of the Indian Penal Code that outlaws homosexuality.

"We have already held two meetings with the Ministry of Home about repealing the section," said Additional Secretary and Director General of National AIDS Control Organisation Sujatha Rao on Tuesday at the end of a four-day conference on Men who have Sex with Men and HIV in Asia and the Pacific.

The move comes days after some eminent persons including author Vikram Seth, film-maker Shyam Benegal [Images] and writer Arundhati Roy wrote an open letter asking the government to strike down the IPC section.

Nobel Laureate Amartya Sen [Images], in a separate letter of support, had described the law as a "monstrosity", saying it violated fundamental human rights.

There are 2.4 million MSM in India, out of which the government has been able to reach out to only six to eight per cent, said Rao. Over 5 million HIV cases are reported in India.

According to UNAIDS, at least 5 to 10 per cent of HIV infections worldwide are estimated to occur through sex between men.

A public interest litigation was also filed in the Delhi [Images] high court to scrap the section from the IPC. Though the PIL filed by an non-governmental organisation Naz Foundation was dismissed, the apex court on appeal has referred it back to the high court for reconsideration.

Rao said the task force, which was set up following the order, is holding dialogues on this matter. "There is no roadblock," Rao said. 

Rao said they are trying to convince the home ministry that HIV infection among this high-risk group could only be tackled if they come out in the open without fearing police action.

She said if the section is not repealed, it could act as a "great constraint". "If we criminalise this group, how will they get access to treatment and care," she said.

"We are not here for moral reform. We don't want to judge people. We just want to tackle the infection between those men who are following unprotected multiple-partner sex," said Rao.

She said it was a shot in the arm when noted economist Amartya Sen joined in the debate about scraping the section that outlaws homosexuality and described it as a violation of fundamental rights.

Rao said an environment of debate has to be started so that mindsets could be changed.

She said in the absence of clear direction, NACO is working with police officers so that they do not harass people working with MSM.


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