LGBTIQ activists in Kerala await repeal of IPC 377

Thiruvananthapuram: The state government had promised to introduce a Bill repealing IPC 377, which criminalises sexual relationships of gender and sexual minorities.  Though  the government had entrusted the state law department with drafting the Bill, it is getting delayed, say LGBTIQ activists.

There have been fewer police cases in the recent past invoking IPC 377, which can result in  up to ten years’ imprisonment for engaging in ‘carnal intercourse against the order of nature.’ However, it still acts like a silent big brother, according to M.K. Balamohan, a gender activist. "The sexual minorities, be it lesbian, gay or bisexual people, are still afraid of coming out  as  anyone can use IPC 377 against them,” they say.

Activists fear that  after the state government entrusted the law secretary with preparing a draft Bill repealing IPC 377 in March, little has happened. So far, community consultation has not taken place, according to P.K. Prijith,   Queerhythm secretary.   Diya Sana, member, Transgender District Justice Commi-ttee (Thiruvananthapur-am), says, “the community will start protesting if the delay continues.”

However, it is not taking longer than any other government procedure, according to Anil Arjunan,  founder of Chilla, an NGO. 

“The law secretary informed us that it was  sent for cabinet approval. Once it is tabled in the Assembly, a subject committee will consult stakeholders and offer recommendations. This is where the community would be consulted,” he says.

IPC 377 is part of criminal law enumerated in the concurrent list in the seventh schedule of the Constitution.  Because of this, the state government can bring out a Bill which is repugnant to it, and if it receives the President’s assent, the Bill will be a law. 

Advocate J. Sandhya says, “other states have used this provision to make changes in various sections of IPC. But this would be for the first time that a state would be using it to repeal IPC 377,”  she adds.