Monday, July 20, 2009

Child rights panel opposes any dilution of Section 377
NEW DELHI: The Delhi Commission for Protection of Child Rights (DCPCR) has come out strongly against the dilution of provisions criminalising gay

sex. The commission has expressed concern that the dilution of Section 377 of the Indian Penal Code can have a "serious impact" on the emotional and sexual behaviour of children and adolescents in the country. Referring to the recent Delhi High Court order that legalised gay sex, DCPCR said it also opposed "deletion" of Section 377 of IPC and had sent its views to the Union home and law ministries. "The definition of consensual and non-consensual sex may get blurred in some cases. Moreover, the judgment says anyone above 18 is an adult and can give consent in such cases. But there are adolescents who may be 18 years old but do not have the adequate decision-making ability," DCPCR chairperson Amod Kanth said on Friday. Kanth maintained that Section 377 is the lone provision under which sexual offences against children are covered. "There is no case of prosecution of gay couples since one case was reported in 1935," he said. The DCPCR said the implications of the ruling will have be to examined thoroughly as it is likely to "seriously impact the physical, psychological, emotional and sexual behaviour of children and adolescents in India."


Tulir - CPHCSA said...
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Tulir - CPHCSA said...

On the contrary the new order has expanded the understanding of sexual violence against children and young people - both boys and girls, and increased the age of consent as well for other forms ofpeno non vaginal sex (oral and anal 'rape').This is a departure from the consent age of 16 years for a woman fixed by Section 375 IPC for a man to escape the charge of rape.