Legal Options for Same Sex Couples till Sec. 377 #Law is amended in #India

The prosecution of any same sex offence can be initiated only on the Complaint of the victim. By none other.

In other words, police on its own has no power to register a crime on its own and to start prosecuting any gay couple. (At least this is what I have understood from the recent judgement of Supreme Court.)Para 7 of Supreme Court Judgement on same sex marriage Sec. 377 ) 

Home Ministry at Centre and State can issue direction and guidelines that no such case is registered except by person higher in the rank in the police department. (Similar circulars or directions are there in cases of 66A , 498, 304B etc)

Such directions can solve many problems.

Supreme Court has not said anything other then saying that Law Makers should make law to amend Sec.377 if necessary. In this case, probably there was not enough data before Supreme Court to point out abuse of Sec.377.

So if Sec..377 as it is, if it is being abused grossly for purpose of blackmail or extortion, a PIL in High Court or in Supreme Court to lay down safeguard cannot be ruled out. Proper facts about cases of abuse, ought to be placed before court.

Even in cases of actual complaint by victim, the alleged accused can approach a High Court under Sec 482 for such relief as may be possible for High Court to grant.

These legal options are not enough, but until law is amended, some remedies indicated above can be tried by aggrieved persons