homosexuality as a subject stays mostly in the closet in india because of continuing social stigma the gay community finds itself harassed and blackmailed even as it is forced to battle all forms of myths and prejudices toi shines the light on an area of darknesssection 377 of the ipc criminalizes homosexuals lesbians bisexuals transgenders and others whose sexuality does not conform to the heterosexual mainstream and who are commonly known as gays section 377 introduced by lord thomas babington macaulay in 1860 punishes carnal intercourse against the order of nature with either imprisonment of ten years or life and fine this idea of sex without the possibility of conception has been used by the judiciary over the last 149 years to characterize homosexuality as a perversion and crime and something meant to be abhorred by civilized society however technically speaking section 377 does not criminalize gays as a class but targets only sexual acts the fact that these sexual acts are commonly mistakenly associated with only gays has made the community far more vulnerable to prosecution than heterosexuals the right to equality the right to dignity or the right to expression have never been seen fit to apply to gays the judicial understanding of section 377 only legitimizes and reinforces state power to prosecute and harass those of an alternative sexual orientation or gender identity the real danger of section 377 lies in the fact that it permeates different social settings and becomes part of ordinary conversations and ultimately part of the very social fabric in workplaces families hospitals and the press this creates an environment where violence against queer people gains a semblance of legal acceptabilityif it doesnt criminalize gays why do they want section 377 amended as former attorney general soli sorabjee once said section 377 should not apply to consenting adults in private so what amendments are gays talking about well section 377 outlaws any form of penetration other than penovaginal so it also implies that anal sex with a woman is wrong and oral sex with a woman is considered wrong too the gay community wants to make this more sensible they say that any sex between two consenting adults in private is outside the purview of the law noted writer vikram seth in urging the repeal of section 377 was supported by scientists authors teachers academics and businessmen the problem with section 377 seth said is that by presumptively treating as criminals those who love people of the same sex it violates fundamental human rights particularly the rights to equality and privacy the british decriminalized homosexuality in 1967 but india still continues with section 377 why noted economist and nobel laureate amartya sen in supporting vikram seths effort for the repeal of section 377 said it is surprising that independent india has not yet been able to rescind the colonial era monstrosity in the shape of section 377 dating from 1861 that as it happens was the year in which the american civil war