NHRC recommends a revision of Section 377 of the Indian Penal Code

[Guest guest]

The recently published Report of the National Conference on Human Rights and

HIV/AIDS, organised by National Human Rights Commission (NHRC), in partnership

with National AIDS Control Organisation (NACO), Lawyers Collective HIV/AIDS

Unit, UN Children's Fund and UN Joint Programme on HIV AIDS, in New Delhi

on 24-25 November 2000 has brought some hope for people affected with HIV/AIDS

and sexuality minorities in India.

Justice J.S. Verma, Chairperson of NHRC, has endorsed the Report. The Report

emphasises the centrality of human rights in dealing with the HIV/AIDS

epidemic. It recommends implementation of strict guidelines guaranteeing

informed consent of people tested for HIV, protection of confidentiality of

their health status and protection and eradication discrimination of people

affected with HIV/AIDS in health care and employment.

The report recommends a strong need to protect the human rights of marginalised

populations. On Sexuality minorities and Intravenous Drug Users (IDUs) the

recommendations of the report stress a need to:

a.. " Revise and reformulate laws and processes (such as Section 377 of the

Indian Penal Code [the anti-sodomy law] and the Narcotic and Psychotropic

Substance Act [this act affects IDUs and hampers HIV/AIDS intervention and

prevention among them] to enable the empowerment of marginalised populations

and reach them with HIV/AIDS prevention messages as well as care and support

mechanisms. "

a.. " Legalise any sexual activities undertaken with consent between adults,

and in connection with this adopt a clearly defined age of consent. "

The Report, while recounting the proceedings, mentions marginalised

populations, and states that:

a.. " In terms of preventing HIV/AIDS among men who have sex with men, it would

be most useful to make section 377 of the IPC obsolete, and instead review the

legislation and endeavour to define more clearly the age of sexual consent. "

a.. The report explains that " the environment within which both IDU and MSM

exist is to a large extent 'underground'. This is due to existing legislation,

which prescribes heavy penalties on very small possession of illegal drugs

(which has led to increased misuse of prescription drugs), and makes homosexual

acts illegal. These groups also report harassment by the law enforces as a

result of stereotyping and stigma. "

On Child Sex Abuse the report states that:

a.. " There is an absence of any specific laws to deal with the issue of child

sex abuse. Related criminal laws (Section 376, 377 and 354 of the IPC) are

inadequate and provisions relating to evidence and criminal procedures are not

suited to deal with such cases. "

J V R Prasad Rao, Special Secretary (Health), Project Director, NACO in the

report states that the issues of " HIV/AIDS control and Human Rights.go hand

in hand. " He called " upon all partners of India (foreign and domestic

governments, non-governmental foreign and local organisation, as well as the

business community) to support the follow-up of the recommended actions

emerging from this Conference. "

Compiled by,

Lawyers Collctive HIV/AIDS Unit

Mumbai

E-mail:<aidscaw@...>

___________________________________________