I have been a part of the gay community since ’98. I know all there is to know about Article 377. There were three judgements passed on 377 – one in 2009, one in 2011 and one in 2018. The last of which was brilliant and removed the criminalisation of CONSENSUAL sex between two adults irrespective of gender.

Section 377 is a British colonial penal code that criminalized all sexual acts “against the order of nature”. The law was used to prosecute people engaging in oral and anal sex along with homosexual activity.

As per the Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years imprisonment extended to life imprisonment. In its ruling, the Supreme Court stated that consensual sexual acts between adults cannot be a crime, deeming the prior law “irrational, arbitrary and incomprehensible.”

In 2018, the Supreme Court decriminalised consensual sex amongst homosexual couples.

But Section 377 was retained in the IPC, criminalising sexual offences against animals, men, and transgender individuals.

On August 11 this year, the government introduced three criminal law bills in the Lok Sabha to revamp the criminal justice system and replace the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure.

The bills were then referred to the Parliamentary Standing Committee on Home Affairs, and after several rounds of discussions, the Committee suggested changes, including the retention of Section 377 in BNS.

The three bills were withdrawn by the Union government earlier this week, citing that they will be reintroduced with revisions. However, the new draft of BNS has no mention of Section 377.

Lawyer and rights activist Aravind Narrain said that the new Bill need not retain Section 377, but that a new provision must be introduced as part of the laws on rape to criminalise sexual offences against men and transgender individuals.

“The present rape laws only cover rape against women. The aim is to cover this gap and make rape against all persons an offence. Therefore, a new provision criminalising rape against all persons, not just women, must be brought in. This would cover everyone who faces sexual violence,” Aravind told TNM.

Just goes to show that most people don’t think that “real men” don’t get raped. And if they do, then asking for justice is not the way to go. “Be a man” and keep it all in. Sigh. I can’t even call it misandry. Just an appalling defeat of human rights.