![]() It merely identifies certain acts which if committed would constitute an offense." The court agreed in April to hear one final challenge to this ruling, but hearings have still not been scheduled.ĭanish Sheikh, a lawyer with the Bangalore-based Alternative Law Forum - which worked on the challenge to 377 and is offering legal support to the arrested engineer - said that this arrest challenges some of the logic used by the judges to uphold 377. The law was technically unenforceable at the time of this sweep, because the Delhi High Court had struck down 377 in 2009 as a ruling as a violation of LGBT people's human rights.Ī two-judge panel of the Indian Supreme Court reinstated the provision in December, however, saying that "Section 377 … does not criminalize a particular people or identity or orientation. More often, the provision has been used by police for extortion or harassment of LGBT people, according to Indian human rights activists, such as occurred in November 2013 when 13 people were arrested under the provision in the middle of the night in the city of Hassan in the state of Karnataka. India has had a law against homosexuality on the books since it was a British colony, but prosecutions under the code, known as Section 377, have been relatively rare. The wife describes herself as a 31-year-old "dental doctor," and the husband is software engineer for the Indian company Infosys. The couple's names have not been released, and the copy of the police complaint shared with BuzzFeed News had been redacted to conceal their identities. The wife said in a statement filed with police on October 20 obtained by BuzzFeed News that she decided to install secret cameras because, after one year of marriage, "there is no sexual contact between me and my husband." She said she had been "suffering thinking that my life was ruined," and called for the police to "take legal action against my homosexual husband." She also said her parents, who arranged the marriage with his parents, "have suffered mental trauma," and asked police to take action against her in-laws for having "cheated me and got him married to me."Ī lawyer for the husband could not be immediately reached. This may be the first case of someone arrested for consensual sex under India's law criminalizing "sex against the order of nature" since it was reinstated by India's Supreme Court in December. ![]() ![]() Police in the Indian technology hub Bangalore have arrested a 32-year-old man for homosexuality after his wife installed secret cameras in their house and recorded him having sex with another man.
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