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Decoding section 377: How the verdict erased basic human rights

On 16 December, D, 25, a Kolkata resident, was returning home, from the fashion boutique he owns, when some people on the street threw eggs at him. A day or two earlier, a group of approximately seven men from the neighbourhood had blocked his way, demanding to know how much they would have to pay him in return for sexual favours. The attacks on Diya come less than a week after the Supreme Court (SC) verdict overturning a 2009 Delhi High Court (HC) decision that decriminalised homosexuality.

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26th December 2013 09:45

Alessia Valenza | ILGA Asia

“Section 377 is not just directed at homosexuals. A study conducted by the Family Planning Association of India has found that a good number of heterosexual couples in India engage in anal sex. So, under provisions of section 377, they too can face criminal proceedings. Besides, oral sex, which is a part of the sexual repertoire of all people  irrespective of their sexual orientation and has been mentioned in the Kamasutra in great detail, is also illegal as per section 377,” points out Ashok Row Kavi, a Mumbai-based activist and chair of the Humsafar Trust, a homosexual community-based organisation.

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