Newspaper article International New York Times

Husband's Arrest Tests Old India Law ; Court Recently Reinstated Colonial-Era Rule That Criminalizes Gay Sex

Newspaper article International New York Times

Husband's Arrest Tests Old India Law ; Court Recently Reinstated Colonial-Era Rule That Criminalizes Gay Sex

Article excerpt

A man accused of having extramarital sex with men was charged with violating an 1861 law that India's Supreme Court reinstated last December.

When a young wife in Bangalore approached the police to file criminal charges against her husband this month, she explained how her suspicions had mounted during the months after their arranged marriage.

Beginning on their wedding day, they had had no sexual contact, the complaint read, because "my husband would not evince any interest in this issue." When she raised the issue with his parents, she told the police, "they blamed me, saying I was not adjusting to living with him."

Left to cope with the matter alone, she took increasingly serious measures, installing hidden cameras inside the apartment they shared.

Her husband -- a 32-year-old executive at an Internet technology company -- was arrested on Sunday, charged with violating Section 377 of the Indian Penal Code, a British colonial-era law that criminalizes "carnal intercourse against the order of nature with a man, woman or animal." Though prosecutions under the law have been rare, a conviction could result in a fine, 10 years' imprisonment, or a life sentence.

The arrest of the "Bangalore techie," as newspapers are calling him, is among the first cases to appear in court since last December, when India's Supreme Court reinstated the 1861 law. The decision seemed to reverse a period of gradual liberalization in Indian society, including a decision by Delhi's high court that the law violated constitutional guarantees of equality, privacy and freedom of expression.

Rights activists said the case could represent a dangerous precedent, because the sexual acts involved had been consensual and because the woman had invaded her husband's privacy.

"What should have been seen simply as a matter of the man cheating on his wife, which would have essentially been a matter of civil dispute, has now become a criminal matter where the state is intruding on a person's privacy," said Danish Sheikh, a Bangalore lawyer who met the defendant on Thursday, when he was released on bail after four days in judicial custody.

This is the second case to be prosecuted in Bangalore since the Supreme Court judgment, following that of a doctor who was blackmailed by five men with whom he had had sex. The men were booked on charges of extortion, blackmail and Section 377 violations, while the doctor was also charged under Section 377. The case is currently on trial. …

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