The Supreme Court verdict that upheld Section 377 of the Indian Penal Code (IPC), which criminalises homosexuality, could prove detrimental to the fight against HIV infection among Men having Sex with Men (MSM), considered a high risk group.
The initiatives lined up to prevent HIV among MSMs could flounder as they will stop turning up for preventive treatment against HIV, fearing penal action, health experts have warned. Sunil Kumar, Joint Additional Director, Kerala State Aids Control Society (KSACS), said that the authorities will have a tough time dealing with the grave issues of MSMs, if the scenario continues. Unlike other high risk groups such as sex workers and drug addicts, identifying MSMs is a tough task, said Joseph Mathew, president, CPK+, an NGO working for HIV patients. “Even before this verdict, identifying MSMs used to be a herculean task. And with the the Supreme Court verdict, all efforts in this direction are likely to fall flat,” he said.
Experts feel that the verdict of the apex court has put a spanner in the works for the mission to bring this section of people into the mainstream. “The ground realities are being blatantly ignored by those in authority. Homosexuality would not cease to exist because of a court ruling. On the contrary, it will lead to a situation where the affected will remain reluctant to come out in the open, thereby raising the chances of STD,” he said.
In most of the national programmes charted for such people, emphasis is laid on counselling on ways to prevent HIV, identification of STD symptoms and treatment. “But if the government treats homosexuality as a crime, then how can these people be expected to reach out for help,” he said.
Dr C J John, consultant psychiatrist, Medical Trust Hospital, Ernakulam, said that it is medically proven that homosexuality is not a disorder. “The modern diagnostic manual has dismissed the notion that it is a disorder and most importantly, it will be foolish to search for conventional criminal dynamics behind it. The SC verdict will surely disrupt the efforts being made to fight HIV among homosexuals, especially MSMs,” he said.