Men who have Sex with Men (MSM)

Certain sexual practices, including anal sex between men, are criminal offences carrying a substantial prison term. Although there have not been many instances where consenting adults have been charged under these provisions, the law is often abused by the police and others to harass, blackmail, and extort bribes from MSM’s.

Criminal provisions of this kind, which discriminate on grounds of sexual orientation, are susceptible to challenge on the basis that they breach the international covenant on civil and political rights, and possibly also under constitutional equality rights. In India, the validity of the law criminalizing sodomy has been challenged in court, although the result of this challenge is not yet known.