[Reader-list] [Announcements] Invitation /20 Feb /4-7pm /Human Rights Challenging the Penalization of Same-Sex Sexual Activity /Alliance Française

[Sumit Baudh]

The South and Southeast Asia Resource Centre on Sexuality is hosting a
discussion on

Human Rights 

Challenging the Penalization of 

Same-Sex Sexual Activity

20 February 2007 (Tuesday), 4:00 – 7:00 pm

Alliance Française, 72, Lodi Estate, New Delhi

No Passes Required. ENTRY on first-come-first-served basis

 

Section 377 of Indian Penal Code 1860, makes illegal ‘carnal intercourse
against the order of nature’ thus:

“377. Unnatural Offences.

Whoever voluntarily has carnal intercourse against the order of nature with
any man, woman or animal, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.”

 

The law penalizes certain sexual acts equally.  For example oral sex,
regardless of whether it is heterosexual or homosexual; even
penile-masturbation of one person by another, is considered criminal.
Although facially neutral, the law has effectively stigmatized and
criminalized a section more than others, namely the same-sex desiring
people, including those who identify as lesbian, gay, bisexual and
transgender (LGBT), hijra, kothi and other Queer people.  

 

This discussion will focus on some of the streams and segments of human
rights that challenge the penalization of same-sex sexual activity.  Details
about the exact programme, speakers and the chief discussant – to be
announced.  For now, please block the date in your diary.  Updated
information will be posted on the website http://www.asiasrc.org/
Information, available at this stage, follows:

 

 


One of the speakers, Prof. Robert Wintemute, is Professor of Human Rights
Law in the School of Law, King’s College, University of London, where he
teaches European Union Law, Human Rights Law, and Anti-Discrimination Law.
He is the author of Sexual Orientation and Human Rights: The United States
Constitution, the European Convention, and the Canadian Charter (Oxford
University Press, 1995/1997), and the editor (with honorary co-editor Mads
Andenæs) of Legal Recognition of Same-Sex Partnerships: A Study of National,
European and International Law (Oxford, Hart Publishing, 2001).  He has
drafted interventions by LGBT and other NGOs in the European Court of Human
Rights (adoption of children by lesbian and gay individuals, and recognition
of unmarried same-sex couples), and the Massachusetts Supreme Judicial Court
(equal access to legal marriage for same-sex couples), and served as
Co-President of the largest-ever International Conference on LGBT Human
Rights, 1st World Outgames, Montreal, 26-29 July 2006.

 
Prof. Wintemute will speak about international and comparative law on
penalization of same-sex sexual activity, and the importance of
interventions by LGBT and other non-governmental organizations (NGOs) in
human rights cases before the courts.  He assisted with Yale Law School's
intervention in Lawrence v. Texas (2003), which the US Supreme Court cited
in its decision to strike down the "sodomy" laws that remained in around 13
states.

Arvind Narrain is a lawyer with and founder member of the Alternative Law
Forum, based in Bangalore, India. He was part of two fact finding reports on
sexual minorities in India. The People’s Union of Civil Liberties –
Karnataka (PUCL-K) Report of 2001 highlighted human rights violations
against sexuality minorities, and, the 2003 report specifically looked at
human rights violations against the transgender community. He is also the
author of Queer: Despised Sexualities and Social Change and co-editor of
Because I Have a Voice: Queer Politics in India.

Narrain will speak about the on-going litigation in the Delhi High Court
challenging the Constitutionality of Section 377 and placing it in a
historical context, particularly focusing on the recent intervention made by
the Voices Against 377; further connecting it to international experiences;
and reflecting on where we are and what we can potentially achieve from this
effort.


Advocate Vrinda Grover will be the chief discussant, commenting briefly on
Wintemute and Narrain, and posing some issues for clarification and
discussion.



RSVP:
Sumit Baudh
Senior Programme Associate
The South and Southeast Asia Resource Centre on Sexuality
11 Mathura Road, 1st Floor, Jangpura B, New Delhi-110014, INDIA
tel: +91 11 2437 9070, +91 11 2437 9071
fax: +91 11 2437 4022
eml: sumit at tarshi.net
web: www.asiasrc.org 

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