LGBTs demand scrapping of IPC Section 377
'It is a blessing that cops in Manipur do not understand Section 377 of IPC'
Source: Hueiyen News Service
Imphal, September 26 2012:
REACTING STRONGLY against Section 377 of Indian Panel Code (IPC), which was introduced during British rule to criminalise sexual activity 'against the order of the nature', Lesbian, Gay, Bisexual and Transgender (LGBT) community of the state has demanded complete scrapping of the said Section.
Section 377 of IPC states that "Whoever voluntarily has carnal intercourse against the order of nature with any man; woman or animal shall be punished with imprisonment for life or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine" .
The issue regarding decriminalization of homosexuality was brought up and discussed at length during a Sensitization workshop with State and District Legal Services Authorities, Manipur on PLHIVs, Sexual Minorities and Law at Hotel Nirmala here today.
Organised by SAATHI, Imphal office in collaboration with State Legal Services Authority (SLSA) and All Manipur Nupi Manbi Association (AMANA) Coalition, the workshop which was followed by a Judiciary Interaction Event was attended by A Guneshwar Sharma, Member Secretary, Manipur SLSA; Santa Thangjam, AMANA Coalition; Shyamcharan, General Secretary, All Manipur Bar Association (AMBA) and Pawan Dhall, Country Director, SAATHI as Special Guest Speakers.
Members of transgender community (Nupi Manbi) of the state as well as other communities were also present and participated in the discussion on various issues including HIV and AIDS.
Interacting with the participants, Pawan Dhall stated that HIV and AIDS is not the core issue of MSMs (Men having sex with men) in the state.
Rather it is the self respect and dignity of life of MSMs which is more important.
He observed that homosexuality, though was not known and practiced widely in the country, was never criminalized in India nor were people who have different sexual orientations imprisoned and fined heavily.
It was only after the arrival of British in India that it was considered illegal and punished accordingly.
"It is only with the motive of changing the attitude of the police personnel of the state towards transgender (Nupi Manbi) and people of different sexual orientations that such a sensitization workshop has been organized in Imphal", Pawan Dhall explained, adding "We have to organize ourselves, we have to advocate with media, legal experts and intellectual community to change the system which criminalises homosexuality, we need to have self respect" .
Sharing his experiences, Santa Thangjam, a transgender by birth, pointed out that the life of a transgender in Manipur is quite different from those in other states.
There they have their own culture and live in their own colonies.
In Manipur, the transgender are stigmatized more by their families than by any other.
Due to high rate of stigma and discrimination meted out to the transgender, around 50% of them are uneducated and school drop-outs.
Nonetheless, Santa observed, "It is a blessing for the transgender (Nupi Manbi)in Manipur that the security personnel of the state do not understand Section 377 of IPC in its entirety.
If they knew it, the transgender of the state would have been wiped out completely a long time back" .
Adding that transgender of the state only demand their birthright of being 'equally treated', Santa Thangjam maintained, "we are what we are and we do not demand anything beyond equal treatment" .
Lamenting over the way they are being treated, Santa Thangjam said that "We remain with low self esteem because of the discrimination meted out to us.
If highly qualified and intellectual persons do not understand transgender how the common people will understand us" .
It may be noted here that on July 2, 2009, Delhi High Court delivered a landmark judgment to amend Section 377 of the IPC and decriminalise private consensual sex between adults of the same sex, holding that it violated the fundamental right of life and liberty and the right to equality as guaranteed in the Constitution.
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