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(New York, NY) — The International Gay and Lesbian Human Rights Commission (IGLHRC) expressed its deep sorrow over the reported beheading of a young Indian man by a male co-worker who apparently told police he “was ashamed” after the two had sex. Known for its global human rights advocacy on behalf of lesbian, gay, bisexual and transgender (LGBT) people, IGLHRC blamed the tragic incident on a culture of shame and fear promoted by homophobia.

“The idea that we live in a world in which sex could be so shameful that it would lead someone to commit such a violent act is incomprehensible,” said Paula L. Ettelbrick, the executive director of IGLHRC. “Sadly, a global culture that has taught people to feel shameful of their sexuality has had tragic consequences for both of these young men.”

According to reports posted on 365Gay.com and other news sites last week, 18-year-old bakery worker Naushad Pathan confessed to stabbing then beheading a male co-worker with whom he had just had sex. The torso and severed head of his victim were found outside of Vadodara, India.

IGLHRC cited sodomy laws as a main culprit in legitimizing and promoting homophobia and human rights abuses of LGBT people. IGLHRC has documented numerous cases from around the world in which sodomy laws have been used to justify police harassment of LGBT people, discrimination in the workplace, and adverse decisions involving LGBT parents.

According to IGLHRC, India is one of 79 countries that maintain laws directed at or used to outlaw sex between people of the same sex; in nine of those countries, sodomy is punishable by death. India’s law, Indian Penal Code Section 377, criminalizes “voluntary carnal intercourse against the order of nature.” Although it bans these acts committed by anyone, the law is commonly used to target, harass and punish sexual minorities.

In a 2001 report, “Human Rights Violations against Sexual Minorities in India,” the People’s Union for Civil Liberties-Karnataka documented widespread police harassment, abuse and extortion against LGBT people and other sexual minorities in India. Sodomy laws add to the culture of impunity that allows the police to get away with such human rights abuses. The report also documents in detail the impact of local media and popular psychology instilling fear and creating a hostile climate for LGBT people.

“By definition, sodomy laws give the state power to track, torment, jail and otherwise punish people because of their sexual desire or expression,” said Ettelbrick. “It’s the same phenomenon around the world, which is why a fundamental premise of human rights for sexual minorities demands the repeal of these abusive laws.”

A recent attempt by Indian advocates to challenge the constitutionality of Section 377 was rejected by the Delhi High Court on September 2, 2004. The Court claimed that the deletion of Section 377 from the Indian Penal Code would “open flood gates of delinquent behaviour and be misconstrued as providing unbridled license to such behaviour.” An affidavit submitted by the government in support of the law claimed that Section 377 was necessary “to provide a healthy environment in the society by criminalizing unnatural sexual activities.”

“I hope that this terrible incident spurs the Indian government as well as leaders around the world to speak out against the atrocities faced by so many people simply because of their sexuality,” said Sangeeta Budhiraja, IGLHRC's Asia/Pacific Islands program associate.

Links to relevant news stories:
“Gay Man Beheaded After Sex,” 365gay.com
http://www.365gay.com/newsco0n05/1/012705india.htm

“Man Chops Off Co-Worker’s Head, Held,” Ahmedabad Newsline
http://cities.expressindia.com/fullstory.php?newsid=115239