Section 377: Boost for LGBTQ community as Indian Psychiatric Association says homosexuality not crime, medical condition

In a boost for the LGBTQ community in India, the Indian Psychiatric Association issued a statement supporting members and addressing the stigma associated with being queer. The statement comes soon after BJP leader Subramanian Swamy said that 'homosexuality was against Hindutva, and a medical condition.'

In a statement, the Indian Psychiatric Association said, “In the opinion of the Indian Psychiatric Association, homosexuality is not a psychiatric disorder. This is in line with the position of the American Psychiatric Association and the International Classification of Diseases of the World Health Organization which removed homosexuality from the list of psychiatric disorders in 1973 and 1992 respectively.

“The IPS recognises same sexuality as a normal variant of human sexuality much like heterosexuality and bisexuality. There is no scientific evidence that sexual orientation can be altered by any treatment and that any such attempts may, in fact, lead to low self-esteem and stigmatisation of the person.

The Indian Psychiatric Society further supports decriminalisation of homosexual behaviour.

 

 

A post shared by LGBT - Mumbai (@lgbtmumbai) on Jul 10, 2018 at 6:48am PDT

The Supreme Court on Wednesday will continue hearing a batch of petitions against Section 377 of the Indian Penal Code (IPC), which criminalises homosexual activities.

During the previous hearing on Monday, a five-judge Constitutional bench had refused to adjourn the hearing after the Centre sought more time to file its reply.
The Supreme Court on Monday declined to wade into the issue of marriage in the LGBT groups or inheritance in their live-in relationships, as it began hearing a clutch of petitions challenging a 158-year-old colonial-era law that criminalises gay sex.

During the course of day-long arguments in a packed courtroom, the apex court also observed that colonial laws like section 377 of the Indian Penal Code(IPC), which criminalises consensual gay sex, will have to pass the rigours of the Constitution.

At the outset, the court said it would only deal with the question of the validity of section 377 that bans homosexuality after it was submitted by a petitioner that it should not restrict the hearing to just this IPC provision. A five-judge constitution bench headed by Chief Justice Dipak Misra said it will examine the correctness of its 2013 verdict setting aside the Delhi High Court judgment decriminalising gay sex under section 377.