Sumant Srivathsan talks about the good, the bad and the missing.
The HC ruling states that it will be used to govern laws pertaining to non-consensual unnatural sexual activity involving both adults and minors. This is the first major stumbling block on the road to a truly progressive assessment of gay rights. In order to achieve a truly level playing field, it is critical that sexual partnerships and behaviours involving same-sex couples be treated identically to those between heterosexual couples. In other words, if a man rapes another man, the law governing the act should be no different from the one that applies when a man rapes a woman. In the same token, there should be no difference in statutory rape law based on the victim’s gender. To use a different IPC section to address same-sex rape is to continue to condone the belief that homosexual and heterosexual relationships are different in the eyes of the law.
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