There seems too much of confusion and panic among LGBT folks about what the Supreme Court verdict on Section 377 implies. Here are six things that you should know about Sec 377
a) On December 11, 2013, the Supreme Court reversed the Delhi High Court ruling on Section 377, which means this law is back in force, as it was till before July 2, 2009.
b) Section 377 criminalizes any sexual act that does not involve penile-vaginal penetration. It applies to all people, irrespective of their gender identity or sexual orientation. That means gay and straight people are equally affected by this law, so are are bisexual and transgender people.
c) Section 377 in itself does not mean that you can be arrested for simply being or saying you are lesbian, gay, bisexual, transgender, Hijra or Kothi. Your freedom of expression is not under threat.
d) Arrest under this law requires medical forensic evidence of specific sexual acts having taken place – oral, anal or other non penile-vaginal sexual acts.
e) You cannot be arrested for being in a declared or undeclared same-sex relationship. Strict material evidence of specific sexual acts will be necessary for arrest.
f) Community, family, workplace or police harassment, blackmail and extortion may take place under threat of Section 377 or even because you appear or are known to be “not straight”. But more than anything else, it is these acts that are illegal and they can be tackled with a dose of courage and sound legal action.
If you have concerns around these issues, please send your queries to firstname.lastname@example.org. Your confidentiality will be respected.
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