An interview with Sunita Kujur of Creating Resources for Empowerment in Action (CREA).
AWID: Please tell us a little about section 377 of India's Penal Code and the human rights concerns around it.
SUNITA KUJUR: Section 377 of India's Penal Code 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 a term which may extend to ten years, and shall also be liable to fine."
The law appears to be neutral, penalizing all sexual acts "against the order of nature" or non-procreative sex such as anal sex and masturbation, among both homosexuals and heterosexuals. However, in its interpretation and implementation, only certain populations get stigmatized and criminalized. These groups are same sex desiring people, including those who identify as lesbian, gay, bisexual and transgender (LGBT), 'hijra' 'kothi' and other Queer people. Although there have not been many convictions based on section 377, police routinely use this law to intimidate, harass and extort money and sexual favours from same sex desiring people.
So the question is not only that homosexuals should not be criminalized because heterosexuals are not, but also that the state should not regulate private matters of sex between consenting adults.
AWID: Given the cultural and religious environment in India, what would you say is the best way to address these concerns?
SK: Section 377 violates human rights standards including the provisions of the Indian Constitution on equality and non-discrimination. Awareness amongst the media, judiciary and the general population should therefore be raised about the reasons why this archaic law violates human rights. It is also necessary to raise awareness that the anti sodomy law came into existence during British rule in India and that there is nothing in the Indian scriptures, whether Hindu, Muslim, Sikh, Buddhist, Jain, that refers to homosexuality as 'western' or forbids it.
AWID: What role has CREA played in getting section 377 amended or repealed?
SK: CREA is part of a coalition called Voices Against 377 that has done a lot of public education around the issue. We have raised awareness amongst the general public, the media, health care workers and professionals, and students. We have also been engaged in litigation around section 377. Currently there is a case pending with the Delhi High Court filed by Naz India Trust. The case, which was actually the impetus for the birth of Voices Against 377, petitions for section 377 to be 'read down' to exclude same sex consenting adults. Voices has filed a counter affidavit, in support of the petition by Naz. The petition asks for a 'reading down' and not a total repeal of section 377 because presently, this is the only law that also deals with child sexual offenders. Although this law is inadequate to deal with these offenders properly or completely, our lawmakers are not ready to do away with it. In fact in they have been hiding behind it just as they have been hiding behind homosexuality being a 'western' concept and alien to Indian culture. Voices has also been active in supporting lesbian women who have run away from their homes or been prosecuted for reasons such as attempting suicide. We offer various forms of support such as fact finding, posting bail, engaging lawyers and accompanying the women to court during hearings. We also assist them in strategizing for the future.
CREA initiated the process of documenting Voices' history, which comprises of interviews with members of Voices and individuals who have been involved with the campaign. The documentation process is presently being led by another member organization.
AWID: What are some of the challenges you have faced?
SK: As I mentioned before, the interpretation and implementation of section 377 poses serious human rights concerns. Law makers avoid addressing these concerns by hiding behind the fact that there is no separate law for child sexual abuse. Another challenge we face is the rise in right-wing religious and cultural fundamentalisms, which makes work around sexuality more difficult. At the level of organizing, it is a challenge to keep the Voices forum active since among other things, each organization has its own other heavy work commitments.
For more information about Voices Against 377 visit:
www.voicesagainst377.org
