Indian Man Arrested For Homosexuality After Being Filmed On Wife’s Spy Cameras
Police in the Indian technology hub Bangalore have arrested a 32-year-old man for homosexuality after his wife installed secret cameras in their house and recorded him having sex with another man.
This may be the first case of someone arrested for consensual sex under India’s law [Section 377] criminalizing “sex against the order of nature” since it was reinstated by India’s Supreme Court in December.
The wife said in a statement filed with police on October 20 obtained by BuzzFeed News that she decided to install secret cameras because, after one year of marriage, “there is no sexual contact between me and my husband.” She said she had been “suffering thinking that my life was ruined,” and called for the police to “take legal action against my homosexual husband.” …
The colonial-era anti-gay law Section 377 was suspended by the High Court in Delhi in 2009, but reinstated by India’s Supreme Court in December 2013. In April 2014, the Supreme Court agreed to hear arguments on whether to reconsider the reinstatement decision, but nothing has yet come of that ruling.6
The Supreme Court ruling of 2013 added India to the list of 76-plus countries that outlaw same-sex intimacy.
Danish Sheikh, a lawyer with the Bangalore-based Alternative Law Forum — which worked on the challenge to 377 and is offering legal support to the arrested [husband] — said that this arrest challenges some of the logic used by the judges to uphold 377. During arguments on the provision, Sheikh said in an email, Justice Sudhansu Jyoti Mukhopadhaya implied that the law would never result in prosecutions of private, consensual sex because “If something is [done] in private, who knows?”
“The Supreme Court in its deliberations felt that the dangers of Section 377 existed only through blackmail and extortion,” Sheikh said. “What is particularly significant in [this] case is the blatant scale of intrusion of privacy which has allowed for prosecution under 377 to take place.”
Other coverage of the case
- Indian Man Arrested For Homosexuality After Being Filmed On Wife’s Spy Cameras (BuzzFeed)
- Sec 377 slapped on Infosys techie after wife catches his gay acts on spycam (Bangalore Mirror)
- The use and misuse of Section 377 (Live Mint)
- BJP supports LGBT community on Sec 377: Party’s Mumbai chief Ashish Shelar (dnaindia.com)
- Criminalizing gays by misusing anti-gay sex law not acceptable, says Mumbai chief of ruling party | Gay Star News. (Gay Star News)
- Ashish Shelar has shown guts (abhijeetraneyouthfoundation.wordpress.com)
- Government should protect gay rights: Harsh Vardhan (thehindu.com)
- India’s LGBT Community: Don’t Vote BJP (time.com)
- BJP backs Section 377, says western culture cannot be brought to India (ibnlive.in.com)
- 13 arrests in crackdown as India revives anti-gay law (76crimes.com)
- Glimmer of hope for overturning India’s anti-gay law (76crimes.com)
- New court challenge to India’s anti-gay law (76crimes.com)
- India Supreme Court opens a path toward LGBTI rights (76crimes.com)