New Delhi, June 29 (PTI) A day after members of the gay community held parades in several cities in anticipation of legalising homosexuality, Congress today refused to take a stand on the issue saying it was still under consideration of the government.  “This is under consideration by the government. It is a normal government process. The party does not have any opinion on it,” party spokesman Shakeel Ahmed told reporters here.

Ahmed was responding to queries about the stand of the ruling party on the controversial Section 377 of the Indian Penal Code which criminalises homosexuality.

The spokesman said that the minister (Veerappa Moily) has already said that a decision will be taken after talking to civil society and religious leaders.

“When it takes a form (law), only then there could be a debate by political parties on it…The situation has not come to that,” Ahmed added. (PTI)

Section 377 of the Indian Penal Code

Chapter XVI, Section 377 of the Indian Penal Code a piece of legislation in India introduced during British rule of India used to criminalise homosexual activity.It is also commonly referred to as the ‘Anti-sodomy Law’. The Section 377 was drafted in 1860 by Lord Macaulay as a part of the colonial project of regulating and controlling the British- and Indian-origin subjects, which reads:

• Unnatural offenses: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
• Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.

The ambit of Section 377, which was devised to criminalize and prevent homosexual associations – sodomy in particular, extends to any sexual union involving penile insertion. Thus even consensual heterosexual acts – but coitus – such as fellatio and fingering may be declared a punishable offense under this law.

The Indian Penal Code was later reproduced in most other British colonies – and to date many of these laws are still in places as far apart as Singapore and Sri Lanka.

In 2006 it came under criticism from 100 Indian literary figures, most prominently Vikram Seth. The movement to repeal Section 377 has been led by the Naz Foundation India Trust, an activist group. It is currently under a constitutional challenge at the Delhi High Court.

It must however be noted that convictions under this law are extremely rare, and in the last twenty years there have been no convictions for homosexual relations in India.

Source: Wikipedia

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