The Delhi Commission for Protection of Child Rights has voiced its opposition to any “dilution” or “deletion” of Section 377 of the Indian Penal Code, claiming it could impact the “physical, psychological, emotional and sexual behaviour of the children” in the country. Referring to the recent Delhi High Court verdict that decriminalises sexual relations between homosexual adults in private, the Commission noted that Section 377 was the “solitary provision” available for preventing sexual offences against children.
“Against the proposed deletion of section 377 IPC, numerous voluntary organisations working for children had vehemently argued that this happens to be the only protection of law for children and minors and often against the adult and women victims of sexual assaults as well when they fall within the definition of ‘unnatural offences’,” pointed out Commission chairperson Amod Kanth at a press conference in the Capital on July 17.
“We feel that in the absence of any other law, there is no safeguard, except Section 377, for the helpless children against the widely prevalent forced homosexuality and unnatural sex, including sodomy, that are punishable under this section alone,” he said, adding that the definition of consensual and non-consensual sex might get blurred from case to case. The Commission has forwarded its views to the Union Home and Law Ministries and might approach the Supreme Court on this issue.