Published: November 8, 2013
It’s been four years since the Delhi High Court made the historic ruling decriminalizing homosexuality, by which Section 377 of the Indian Penal Code (IPC) was found to violate the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India (Articles 14, 15 and 21).
But it appears that the law is still being used against members of the community, as 14 people (suspected of being homosexuals) were arrested by the Hassan police under Section 377 on November 4. The incident has sparked outrage in the community and raises questions as to how arrests could be made under a Section of the IPC that the court has struck down, and why the arrests were allegedly made in the dead of night.
Anjali Gopalan, the founder and executive director of a Delhi-based NGO, says it’s ridiculous to arrest anyone under Section 377. "Our foundation was the petitioner in the Delhi High Court case that found Section 377 of the IPC unconstitutional. How can someone be arrested under Section 377? The Delhi High Court judgement clearly states that Section 377 of the IPC violates the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India," she says.
Full text of article available at link below –