THE GLOBE AND MAIL: The cop strode up to Rajiv M., gave him a shove and demanded to look in his backpack. Rajiv handed it over and the cop pulled out a condom, and asked why Rajiv had it. “I said it was for sex,” Rajiv recalls, a bold if obvious answer that he knew was going to irritate the cop. But he wasn't feeling deferential.
The police officer demanded Rajiv's money, and his cellphone. “I said, ‘Why should I give it to you?'“ The cop grew more menacing: Next he demanded oral sex. Rajiv refused that, too, so the cop hauled the slight 21-year-old to a nearby police station and began the motions of charging him with the crime of homosexuality. When eventually he realized that Rajiv's dad was also a police officer, he let the young man go.
This nasty little piece of attempted extortion took place not in a gay bar, not in an alleyway late at night, but in the middle of a hot spring afternoon in Delhi last year, when Rajiv was standing at a crowded bus stop. “It's India,” Rajiv said with a shrug full of bravado. “So he could do something like this in the open.”
Rajiv, tousle-haired and deliberately camp, told this story a few weeks ago at a Delhi drop-in centre for gay and transgendered men, where he goes a couple times a week. Everyone had a similar story, except most had gorier endings. All the men had been harassed and detained by police who demanded money and, with no trace of irony, also often wanted sex, with the threat of charging and exposing the victim as a homosexual.
The police invoke Section 377 of the Indian Penal Code, the law that criminalizes “carnal intercourse against the order of nature,” including homosexual acts between consenting adults, with a possible sentence of life imprisonment. The law is almost never used for actual prosecutions: Men would have to be caught fully engaged in a sex act to hold up a case. No one has been convicted under 377 in 20 years. But few police officers are interested in actually enforcing the law. They prefer it as a blackmail tool.
Now, however, a fledgling gay community is waiting on tenterhooks for a verdict from the Delhi High Court, expected soon, on a public-interest litigation aimed at decriminalizing same-sex activity – and ending a plague of state-sanctioned homophobia that has led to rape, extortion, suicide and the spread of HIV-AIDS.
If they win – if the law is struck down, and many legal experts believe it will be – it will be a big shift in a still deeply conservative culture. There will be huge ramifications for India – where the courts seem to be out ahead of most of the population – and for the rest of South Asia and the developing world, where only a handful of countries have legally enshrined gay rights. >>> Stephanie Nolen, New Delhi | Friday, June 19, 2009
