What The Law Says

Section 377, Indian Penal Code states: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine."

There has been no change with regard to the concept of this offence and its administration by the Indian courts. It is considered to be an offence against society, therefore, the legal system is obliged to punish all those who are proved to have indulged in it.

The concept of homosexuality as a form of co-habitation or of an enjoyable union of two individuals has not been the defense in any of the reported matters except in the case of two women police constables who were relieved of their service, when their lesbian union became public.

Since homosexual behaviour is legally a crime, organisations of homosexuals are not permitted as legal entities or bodies. What is punishable is the act of homosexual behaviour and not the discussion or talking about it or its representation. It cannot be advocated under the existing laws. If done, it would amount to abatement of the offence. It is punishable with 10 years of imprisonment and fine. No one so far is known to have been awarded 10 years of imprisonment for having been found guilty of this offence. In matters leading to conviction, the maximum punishment so far reported to have been awarded is two years.

Since homosexuality is an offence, there cannot be a regular flow of any organised information about it, which might further promote it. However, there is no ban on any publication, which deals with it from a social reformative point of view.

Under the provisions of various personal family laws prevalent and in force in India, two persons of homosexual behaviour will not be able to inherit the assets of each other on the grounds of their union and intimacy. If a will is made and is challenged by any other possible beneficiary, the said testament will not hold good in the court, as it is likely to be struck down on grounds of morality and for being against the public policy. If not challenged, it may go unnoticed.

There is no legislation, which might expressly protect homosexuals except by applying the general principles of law and order. The questions of seeking palimony or alimony or maintenance out of homosexual relationship has never come up before the courts. There is no provision in law for seeking such relief.

(Source: www.ilga.info.com)

List of organisations that can help:

Stree Sangam

Post Box No116619, Matunga, Mumbai-400019

Jagori

Add: C-54 Top Floor, South Extension-II New Delhi-110049

Tel: +91-11-2625 7015, Fax: +91-11-2625 3629

E-mail: jagori@spectranet.com, jagori@del3.vsnl.net.in

Website: www.jagori.org

India Centre for Human Rights and Law

Add: 4th Floor CVOD Jain High School, Hazrat Abbas Street; 84, Samuel Street, Dongri, Mumbai-9

E-mail: huright@giasbm01.vsnl.net.in

Lawyers Collective HIV/AIDS unit

Add: 7/10, Botawalla Building, 2nd Floor, Horniman Circle, Fort, Mumbai-400 023

Tel: 022 2267 6213 / 6219

Fax: 022 2270 2563

E-mail: aidslaw@vsnl.com

Website: www.lawyerscollective.org

OLAVA - Organised Lesbian Alliance for Visibility and Acceptance

Add: Post Box 2108, Model Colony Post Office,

Pune-411 016

E-mail: olava_2000@yahoo.com

Sangini (India) Trust

Add: C/o Naz Foundation (India) Trust, D-45, Gulmohar Park, New Delhi-110 049

Tel: 011 2656 3929 / 7049, 0 98106 71603

Fax: 011 2685 9113

E-mail: sangini97@hotmail.com/ sanginigroup@hotmail.com

Website: www.sangini.org

Sappho

Add: C/o A N, PO Box No EC-35, Kolkata, Pin 700 010

Tel: 033 2281 3462 (Mondays 1-3 pm)

E-mail: sappho1999@rediffmail.com

Swikriti

Tel: 0 98301 82419

E-mail: swikriti2003@hotmail.com

Prerana

E-mail: sahayabangalore@hotmail.com

Sangama

Add: Flat No 13, 3rd Floor, Royal Park Apartment, 34 Park Road, Tasker Town, Bangalore-560 051

Tel: 080 286 8680/ 8121

E-mail: sangama@vsnl.net/ sangama@sangamaonline.org

Aanchal Trust

Add: Tardeo AC Market Building, 3rd Floor, Room No 28, Tardeo, Mumbai-400 034

Tel: 022 2496 8686/ 8787

E-mail: aanchal69@hotmail.com

Samabhavana Society

Add: 602, Debonair, 153 BVS Marg, Mahim, Mumbai-400 016

Tel: 022 2446 7543

E-mail: samabhav@vsnl.com

Website: www.samabhavana.org