AMARTYA SEN’S STATEMENT [supporting the open
letter of Vikram Seth and others on the need to
overturn section 377 of the Indian Penal Code]
I have read with much interest and agreement the
open letter of Vikram Seth and others on the need
to overturn section 377 of the Indian Penal Code.
Even though I do not, as a general rule, sign
joint letters, I would like, in this case, to add
my voice to those of Vikram Seth and his
cosignatories. The criminalisation of gay
behaviour goes not only against fundamental human
rights, as the open letter points out, but it
also works sharply against the enhancement of
human freedoms in terms of which the progress of
human civilisation can be judged.
There is a further consideration to which I would
like to draw attention. Gay behaviour is, of
course, much more widespread than the cases that
are brought to trial. It is some times argued
that this indicates that Section 377 does not do
as much harm as we, the protesters, tend to
think. What has to be borne in mind is that
whenever any behaviour is identified as a
penalisable crime, it gives the police and other
law enforcement officers huge power to harass and
victimise some people. The harm done by an unjust
law like this can, therefore, be far larger than
would be indicated by cases of actual prosecution.
It is surprising that independent India has not
yet been able to rescind the colonial era
monstrosity in the shape of Section 377, dating
from 1861. That, as it happens, was the year in
which the American Civil War began, which would
ultimately abolish the unfreedom of slavery in
America. Today, 145 years later, we surely have
urgent reason to abolish in India, with our
commitment to democracy and human rights, the
unfreedom of arbitrary and unjust criminalisation.