UNAIDS

UNAIDS is very clearly against criminalisation of homosexual encounters. This is extremely necessary to check the spread of HIV/AIDS among homosexuals. There is a wealth of scientific data that shows that there is a disproportionately large prevalence of HIV infections in men who have sex with men (MSMs). According to some studies, the number of MSMs estimated to be infected with HIV is 3-4 times that of heterosexual males with just one partner.A law cannot prevent sex. But it does prevent people from accessing the services that will secure them against HIV. A law like Article 377 means that preventive measures become less effective. MSMs would not like to admit to their homosexual behaviour for the fear of being branded criminals and jailed. There have been very few prosecutions under Article 377 but it is a law that has been heavily misused by police to extract money from MSMs.India has a large number of MSMs. According to one study, the geographical belt ranging from northern India, to Pakistan and Afghanistan, has more MSMs than any other region in the world. Of course, most of them happen to be bisexuals, having one or more female partners as well. Therein lies the great danger. MSMs are a high-risk group for HIV. When a large proportion of these also happen to be bi-sexuals, the risk for the spread of HIV/AIDS gets magnified. Not just in India, in most parts of the world, women have very little say in sexual matters. It would be extremely difficult for a woman to insist that her husband uses a condom during every sexual encounter. It is absolutely vital, therefore, that MSMs are made aware about HIV/AIDS and encouraged to take preventive precautions. There has been a clear change in the mindset of the people in India in recent times. Though it is a very slow process, homosexuality is being accepted. Apart from legal reform, India also needs to ensure better training of police and a smoother delivery mechanism for reaching the prevention services — like distribution of condoms, awareness drives and the like — to the MSMs. Greater emphasis must be laid on targeted interven tion of prevention services. In this regard, effective use of internet and other modern communication media becomes very important. A lot of these things are already being done by NACO (National Aids Control Organisation) which has a very refreshing attitude on this issue. NACO’s stand has been consistent with what all the major international health agencies have been saying. The recent remarks of Health Minister Anbumani Ramadoss supporting de-criminalising homosexuality is also an indicator that India is getting ready to junk the outdated mindsets.