Section 377 encourages Eunchs Gay,Msm Criminal Activies in INDIA

Section 377 encourages Eunchs Gay,Msm Criminal Activies in INDIA >>

KOLKATA: Delhi High Court's order acknowledging the rights of homosexuals has put the Buddhadeb Bhattacharjee government in a piquant situation.
Caught between the court and protests against the verdict, the government is treading with caution. While it welcomes the proposed changes in the rape laws, it is silent on the scrapping of Section 377, which the high court has ruled against.

The government's dilemma became apparent during the meeting state advocate-general Balai Roy had with West Bengal Commission for Women (WBCW) chairperson Malini Bhattacharya at law minister Rabilal Maitra's chamber. The government endorsed the commission's argument to add more teeth to the existing rape laws but did not commit anything on the deletion of Section 377 that WBCW had been pressing for. If things go according to plan, a rapist can be sentenced to life.

The change in rape laws has already found its way into the draft Criminal Law Amendment (CLA) Bill, which the Centre is likely to table in Parliament.

The women's panel wants to have a separate category for molestation and sexual harassment under the new rape laws. The reason, as the chairperson put it, is that sometimes men accused of attempted rape are often tried on a par with molestation charges, leading to a dilution of the offence.

Bhattacharya felt that the government can do away with Section 354 of IPC, which deals with the use of criminal force with an intent to outrage modesty, in case Section 509 of IPC is made more stringent. However, in view of the court recognition to homosexuality,
WBCW wants the government to expand the ambit of the law and make it gender-neutral as the

sections are specific to women. Bhattacharya wants molestation punishable with five years of rigorous imprisonment.

Under the proposed law, a man can file a complaint with police if verbally abused or teased by others by making obscene gestures. The state government wants to include incest as a major offence punishable with a jail term of two years or more.

There are plans on the government's part to make the rape laws gender-neutral so that even a man can lodge a complaint in case of forcible sex or sodomy. WBCW wants insertion of a new section for unlawful sexual contact when a man with a sexual purpose touches a woman without her consent. This can call for a three-year term.

The government, however, does not want to interfere much in marital rape in case the age of the wife is less than 18. WBCW, though, said that in case of difference of more than five years and where the wife is a minor, it can constitute rape. Rape or sexual assault of a minor or physically challenged person will also attract increased punishment.

The state is in favour of a woman police officer to register the complaint of a victim of sexual assault or rape. If such an officer is not available, then a woman government employee has to record the complaint. The state also proposes to get the victim examined by a woman doctor.