TIOL-DDT 1146 · Friday, 3 July 2009 · story 3 of 4

Gay Delhi – Less to do with tax and more with sex, but they may demand some minority concessions

The Delhi High Court’s judgement on consensual sex between adults of the same sex saw celebrations by proclaimed gay and lesbian champions. DDT has nothing to do with that, but we are only worried that they may now demand minority concessions and reservations and maybe even a tax cut!

But it is interesting to note the quantum of punishment under the Indian Penal Code for Sexual offences:

1. Section 373: Buying minor for purposes of prostitution: - imprisonment of either description for a term which may extend to ten years.

2. Section 376. Punishment for rape: shall not be less than seven years but which may be for life or for a term which may extend to ten years.

3. 376A. Intercourse by a man with his wife during separation: imprisonment of either description for a term which may extend to two years.

4. 376B. Intercourse by public servant with woman in his custody: imprisonment of either description for a term which may extend to five years.

5. 376C. Intercourse by superintendent of jail, remand home, etc: imprisonment of either description for a term which may extend to five years.

6. 497. Adultery: imprisonment of either description for a term which may extend to five years.

7. 377. Unnatural offences: This is homo, lesbian or animal sex: imprisonment for life, or with imprisonment of either description for a term which may extend to ten years.

As you can see, the punishment under the IPC is maximum for gay sex - far higher than inducing minors into prostitution, rape, custodial rape, adultery and of course all the offences under the Customs, Excise or Income Tax Laws. A man evading Crores of rupees in taxes was considered to be a less offender than a man who chooses to sleep with another man.