UNAIDS Had asked Indian Government to Decriminalize Gay Sex
UNAIDS has urged Indian Government to repeal Section 377 of the Indian Penal Code that criminalises gay sex.
The call is against the backdrop of last week’s Supreme Court ruling upholding Section 377 and striking down the Delhi High Court’s verdict decriminalising gay sex.
The Delhi High Court had in 2009 found the British-era law criminalising “carnal intercourse against the order of nature” anti-constitutional. But with the Supreme Court striking down the Delhi court ruling, gay, lesbian, bisexual and transgender sexual contacts have become criminal acts that can attract a jail sentence of up to 10 years.
“The Delhi High Court decision had restored dignity for millions of people in India, and was an example of the type of reform we need for supportive legal environments that are necessary for effective national AIDS responses,” said UNAIDS Executive Director Michel SidibĂ© in a statement. “We want the Government and civil society to be able to provide HIV information and services to all people, including gay and other men who have sex with men, lesbian, bisexual and transgender people, and for them to be able to access the services without fear of criminalization.”
Discrimination
The Delhi High Court’s decision to annul the 150-year-old law was widely considered a milestone against homophobia and towards zero HIV-related discrimination, the statement pointed out.
In the past four years since the law was annulled, there had been a 50 per cent increase in the number of centres providing HIV services for gay and transgender people in India.
For the protection of public health and human rights, UNAIDS called on India and all countries to repeal laws that criminalise adult consensual same sex sexual conduct for the protection of public health and human rights. Such criminalisation hampered HIV responses across the world.
These laws, apart from violating human rights, made it more difficult to deliver HIV prevention and treatment services to a population which is particularly affected by HIV. On an average, gay men were 13 times more likely than the rest of the population to be living with HIV.
Human rights
UNAIDS urged all Governments to protect the human rights of gay people, through repealing criminal laws against adult consensual same sex sexual conduct; implementing laws to protect them from violence and discrimination; promoting campaigns that address homophobia and transphobia; and ensuring that adequate health services are provided to address their needs.
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