Currently 20 countries in the Asia Pacific region criminalize male to male sex, and these laws often taken on the force of vigilantism, leading to abuse and human rights violations. Even in the absence of criminalization, other provisions of law violate the rights of these groups along with arbitrary and inappropriate enforcement, thereby obstructing HIV interventions, advocacy and outreach, and service delivery.
'This very debate was at the heart of the recent landmark ruling by the Delhi High Court that Section 377 of the Indian Penal Code unfairly discriminates against MSM and consenting adults in general,' UNDP added in the statement.
According to Anand Grover, director of the Lawyers Collective HIV/AIDS Unit in India and UN Special Rapporteur on the Right to Health, 'there have been a number of success stories in the region which give us hope. Courts in Nepal, India and Pakistan have been instrumental in recognizing and upholding the rights of sexual minorities. This means that they will no longer be considered criminals in accessing life-saving prevention, care and treatment services. We hope that other countries in the Asia-Pacific region and across the globe will follow suit.'
'The Delhi High Court ruling is a shining example of such an approach, where education and sensitization of these different sectors was central to the success of the case,' said Shivananda Khan, another senior official at the AIDS congress.