[Reader-list] Most cases under Sec 377 are for child abuse

Lawrence Liang lawrence at altlawforum.org
Fri Jul 3 10:39:08 IST 2009


And the provision will continue to exists for child abuse, since it is only
a reading down of the provision to the extent that it applies to adult
consensual sex, so no fears on that count.

This reporter has clearly not done his home work or preferred to present a
lop sided account

Amod Kanth, the chairman, Delhi Commission for Protection of Child Rights
was on NDTV at eight, and I was a little confused about which hat he was
wearing. While it is fine for him to articulate the rpotection of chil
rights, at ehe end he also says that as a former cop, he has always felt
that homosexuality  was and continues to be unnatural

To slightly misquote Shashi Kapoor in Deewar, Police officer bhai ke roop me
bol raha hain



2009/7/3 Aditya Raj Kaul <kauladityaraj at gmail.com>

> Most cases under Sec 377 are for child abuse
> *Vijaita Singh<
> http://www.hindustantimes.com/Search/Search.aspx?q=Vijaita%20Singh&nodate=1
> >,
> Hindustan Times
> New Delhi, July 03, 2009*
>
> More than 300 cases have been registered under Section 377 of the Indian
> Penal Code over the past five years in Delhi alone. In 90 per cent cases,
> the people who were booked were adults, held on charges of abusing
> children,
> mostly boys and in few cases, girls.
>
> None of the cases registered were for incidents where there was mutual
> consent.
>
> Till June 30 this year, 32 cases had been registered under Section 377 IPC
> in Delhi.
>
> In May, police had arrested a 21-year-old cleric on charges of allegedly
> sodomising a 10-year-old boy in the Hazrat Nizamuddin area of south Delhi.
>
> Police and child right activists say this is the only section that is
> slapped against people who abuse children.
>
> According to the Crime Records Bureau information and studies on criminal
> jurisprudence and child abuse in India, Section 377 is the only legal
> provision to protect the millions of abused children and to supplement the
> shortcomings in the rape laws, which apply only when there is a vaginal
> penetration.
>
> “We have never arrested people where there was a mutual consent. Majority
> of
> the reported cases are those of child abuse and crime against weaker sex.
> In
> absence of this section we wouldn’t be able to book such offenders,” said a
> senior police officer on condition of anonymity.
>
> On December 27 last, police had arrested a Home Guard for allegedly
> sodomising a 16-year-old boy near Kashmere Gate in north Delhi. Police said
> the accused had lured the teenager to a park where he reportedly sexually
> assaulted him.
>
> Amod Kanth, chairman, Delhi Commission for Protection of Child Rights
> (DCPCR), said, “Section 377 of the IPC happens to be the only protection of
> law for children and minors and adults who are sodomised against their will
> because such sexual assaults fall within the definition of ‘unnatural
> offences’.”
>
> “Adult transgenders and homosexuals who indulge in consensual sex are
> usually not punished under the section,” he said.
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