I
checked the morning news from India and felt my blood rush through my ears. One
had heard about a less than enthusiastic bench, but the headline `Homosexuality
illegal: SC´ managed to shock me nonetheless. A large part of humanity was
condemned for the victimless crime of not suppressing their sexuality. Section
377 of the Indian Penal Code, 1860 was held to be legal in its undiluted
interpretation.
Impactful
as the headline was, it was not accurate. Section 377 does not criminalise only
homosexuality, but more generally, any “carnal intercourse against the order of
nature”. Depending on how one interprets these words, as suggested in the
decision, any non-penovaginal, penetrative sexual activity constitutes an
offence punishable with incarceration for as many as ten years, even if it is
consensual and between adults. But homosexuals are most likely to be the
easiest victims of the verdict.
