Gay sex may not be a crime: RSS softens stand on Section 377

The LGBT community in India has new reason to be hopeful – the Rashtriya Swayamsevak Sangh (RSS) appears to be softening its harsh stance against the community. Spokesperson for the RSS, Ram Madhav, on Tuesday issued a statement that  said criminalisation of homosexuality as seen in Section 377 of the Indian Penal Code is debatable. A report in The Times of India quoted MAdhav as saying that he did not glorify certain kinds of behaviour covered by Section 377, but it was debatable whether these should be considered a crime. [caption id=“attachment_1546041” align=“alignleft” width=“380”]  Image used for representational purpose only. Reuters[/caption] The LGBT community welcomed the statement. “We would like to latch on to anything that looks like hope. This is a step in the right direction, and a progressive move for the RSS, but whether it is a leap in the RSS ideology is something only time will tell,” said Harish Iyer, in the ToI report. Harish is an active LGBT community supporter and a member of the gay community. The RSS, the BJP’s ideological parent, has in the past made its stand against any kind of homosexual activity very clear. An IBNLive report had noted how president of the BJP, Rajnath Singh, has been vocal about this disapproval. He has earlier called homosexuality an “unnatural act” and said this “western culture” should not be brought into India. But for now, it definitely looks like the new government may not be as harsh. The LGBT community has been seeing a number of setbacks – like when the Supreme Court upheld Section 377 in late 2013. The move was a major setback for the gay community which has continued to campaign to bring an end to the age-old section. Needless to say, support from the BJP or the RSS was never forthcoming. The Congress, in fact, had expressed displeasure at the SC ruling. However, it wouldn’t be fair to say that the community had no support from the BJP. There have, in the past, been members of the BJP who have shown their support for the gay community but, though these have been few and sparing. A Times of India report noted: “Arun Jaitley, an influential BJP leader who is now a cabinet minister, had said on a TV programme that he upheld the Delhi high court judgment decriminalizing homosexuality.” This was way back in the July of 2009 when the Delhi High Court had declared Section 377 unconstitutional for consenting adults. Since then, there hasn’t been a lot of good news for the LGBT community from the BJP. However, the RSS’s latest statement has, maybe, opened a window.