GOVT SETS BALL ROLLING ON REPEAL OF SAME-SEX LAW

While the challenge mounted by individuals and NGOs to the Delhi High Court judgment decriminalising gay sex is still pending in the Apex Court, the Ministry of Home Affairs (MHA) has set in motion a move to take same-gender sex out of criminal jurisprudence. A communication from the MHA to the Ministry of Law and Justice, sent earlier this week, asked the latter to prepare a draft of an amendment Bill to the Indian Penal Code, the most striking feature of which is that Section 377 would no longer deal with the offence involving voluntary “carnal intercourse against the order of nature” between consenting adults of the same gender. The proposed amendment to Section 377 reads: “Whoever voluntarily has carnal intercourse with animal shall be punished with imprisonment for life, or with imprisonment or either description for a term which may extend to 10 years and shall also be liable to fine”.