Source: Business Wire
Saturday, July 04, 2009 12:37 PM IST (07:07 AM GMT)
Editors: General: Consumer interest, Law & justice, Social issues; Healthcare
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(BW)(INDIA-SODOMY-LAW)'AHF/India Cares' Commends Delhi High Court for Overturning Anti-Gay Law
Move by Delhi High Court to Decriminalize Homosexual Relations in India Should help Reduce Widespread Stigma and May help Reduce New HIV Infections in Hard-hit Country
New Delhi, Delhi, India, Saturday, July 04, 2009 -- (Business Wire India) --
AIDS Healthcare Foundation (AHF), the largest AIDS organization in the US and which operates free AIDS treatment clinics in India under the banner 'AHF/India Cares,' commended the Delhi High Court, which annulled a 150 year-old law that criminalizes adult homosexual relations. The law, known as Section 377 of the Indian Penal Code (IPC) outlawed, "carnal intercourse against the order of nature." In its ruling, the Delhi High Court found that section 377 of IPC violated Articles 14, 15, 19 and 21 of the Indian Constitution and stated that consensual sexual acts of adults in private should not be criminalized.
As Dr. Jorge Saavedra, current Chief of Global Affairs for AIDS Healthcare Foundation, clearly pointed out during his plenary last year at the International AIDS Conference in Mexico City: "Anti-Sodomy laws in existence in more than 80 countries, including India, Iran and others; prevent people to openly look for HIV prevention, testing and care services; that constitutes itself into a huge stigma-barrier on the access to health services, because people with different sexual orientation, fear that they will be discriminated against, due to the fact that according to those laws, they are criminals that need to be fined, jailed, punished or even sentenced to death penalties."
"This ruling to overturn Section 377 of the Indian Penal Code should go a long way to help reduce stigma and widespread discrimination against gay and lesbian individuals living in India as consensual sexual behavior-and possible related discrimination-will no longer be protected by, or codified into law," said Dr. Chinkholal Thangsing, Asia Pacific Bureau Chief, AHF Global. "In addition, by officially recognizing the rights of gay and lesbian individuals to participate in consensual sexual acts in private, the same as their heterosexual counterparts, the Court's action may also ultimately help reduce new HIV infections. There will likely be far more open discussion about prevention and safer sex practices now that consensual sex is no longer illegal, and likely be far less secrecy and shame. As a consequence, more people in India may use safer sex practices; get tested for HIV, and seek medical treatment if found to be HIV positive."
"In India, as elsewhere, men-who-have-sex-with-men, commercial sex workers and intravenous drug users-all illegal in India-are the three groups with the highest risk for HIV exposure," said Michael Weinstein, President of AIDS Healthcare Foundation. "The Delhi High Court is to be commended for its courage and leadership in overturning this 150 year-old law, and in turn, protecting vulnerable populations with this action. It is our hope that India's courageous action will also send a strong message to some of the more than 80 countries around the world that still have laws on the books criminalizing consensual adult homosexual relations."
According to UNAIDS, "The criminalization of adult sexual behaviour is hampering HIV responses across the world. Such measures have a negative impact on delivery of HIV prevention programmes and access to treatment by people living with HIV. Not only do they violate human rights of individuals, but further stigmatise these populations."
UNAIDS also noted that countries that have non-discrimination laws against men who have sex with men, injecting drug users and sex workers have provided better access to HIV prevention, treatment, care and support services.
About AHF/India Cares AHF/India Cares centers provide testing, psycho-social support services and anti-retroviral treatment including both pediatric and second-line treatment. The facilities provide comprehensive HIVAIDS care and treatment and holistic services, and serve as one-stop shops for people living with HIVAIDS (PLHAs). In the Asia/Pacific region, AIDS Healthcare Foundation currently provides free anti-retroviral treatment services to people in need through its clinics in India, Thailand, Viet Nam, Cambodia, China and Nepal.
About AHFAIDS Healthcare Foundation (AHF) is the US' largest non-profit HIV/AIDS healthcare, research, prevention and education provider. AHF currently provides treatment, care and support services to more than 100,000 individuals in 21 countries worldwide in the US, Africa, Latin America/Caribbean and Asia. Additional information is available at www.aidshealth.org
CONTACT DETAILS
CONTACTS :
INDIA
Chinkholal Thangsing, MD, Asia Pacific
Bureau Chief, AHF Global (New Delhi)
+91.98.1827.0687 mobile
chinkholal.thangsing@aidshealth.org
or
UNITED STATES
Ged Kenslea, Communications Director
AIDS Healthcare Foundation
+1-323-860-5225 work +1-323-791-5526 mobile
gedk@aidshealth.org
KEYWORDS
CONSUMER, LAW, SOCIAL, HEALTHCARE
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