The Colonial Law You’ve Never Heard of That Could Help India’s Gay Community

Southeast AsiaJuly 10, 2015 – Reported by India Real Time – Since India’s Supreme Court recriminalized gay sex in 2013 by ruling that a law called Section 377 wasn’t unconstitutional, homosexuals have increasingly become targets of robbery and extortion, a trend fueled by Internet dating, activists say.

The Victorian-era law, a colonial legacy in the Indian Penal Code, which outlaws “unnatural offenses,” creates a powerful instrument in the hands of accusers, opening the door to false accusations that are difficult to check in court.

This is presumably the reason why colonial legislators deemed it necessary to add an antidote in the code, which makes it extremely risky to falsely accuse someone of committing “unnatural” sex.

Section 389 of India’s penal code punishes extortion. And it makes a special provision—a life sentence—for those found guilty of extortion in relation to accusations that relate to Section 377.

The section covers crimes where extortion is carried out by putting a person in fear of an accusation of any offense that carries a sentence of up to life in prison. The provision also punishes anyone who blackmails another for having gay sex, with up to life in prison…story continues below…

via The Colonial Law You’ve Never Heard of That Could Help India’s Gay Community – India Real Time – WSJ.

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