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Advocacy
Advocacy is integral to all programs at Naz India. Naz India continues to
challenge assumptions around sexual health issues and works to influence the
government’s health policy.
Naz advocates for the right to non-discriminatory treatment of positive
people and fights to ensure that instances of discrimination are addressed
appropriately.
Naz has strong linkages with human rights groups and agencies such as
Lawyers Collective, Human Right Law Network, Amnesty International,
International Gay and Lesbian Human Rights Commission. NI has collaborated
with these agencies to address cases of sexual rights abuse.
Naz India is working with the police services in New Delhi. We conduct
weekly training workshops for police personnel. The training aims to build
awareness of HIV / AIDS and tackles issues of discrimination, physical
harassment, corruption and Human Rights.
Section 377
Delhi High Court decriminalizes consensual homosexual sex between adults
Naz India’s eight-year-long battle sees a successful conclusion!
Click here to view the
judgement on Section 377
Naz India’s efforts in sensitizing the government to different issues
related to the epidemic include the amendment of Section 377 of the Indian
penal code, known as the anti-sodomy law. This act criminalized same sex
sexual behavior irrespective of the consent of the people involved, and
thereby proved to be one of the most significant barriers in effective
HIV/AIDS interventions with sexual minorities.
MSM (Men who have Sex with Men) in India were penalized under Section 377,
which could be used against anyone who ‘voluntarily has carnal intercourse
against the order of nature’. Section 377 was often exploited by the police
and others to harass, extort money from, blackmail, and even rape MSM,
mainly those from the lower socio-economic classes who have little knowledge
of the law and their rights. Section 377 was also used by the police to
restrict gay-related activities and to justify raids on parties and events.
In September 2001, Naz India filed a Public Interest Litigation (PIL) to
challenge section 377 of the Indian Penal Code in the Delhi High Court.
On July 2, 2009, the Delhi High Court pronounced that Section 377 of the
Indian Penal Code should be read down to exclude consensual sex between
adults. “We declare that Section 377 IPC, insofar it criminalizes consensual
sexual acts of adults in private, is violative of Articles 21, 14 and 15 of
the Constitution”, ruled Chief Justice A.P. Shah and Justice S. Muralidhar
in the case of Naz Foundation (India) Trust v. Government of NCT, Delhi
and Others.
We heartily welcome this verdict, which shows respect for human rights –
irrespective of one’s sexuality or sexual orientation.
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