India LGBT activists Hindustan Times | Getty Images

克服印度官方的同性恋恐惧症

新德里—印度实施全世界最自由之一的宪法已经六十年,眼下,印度正在开展一场如火如荼的争论,争论的主题是一条殖民地时期的刑法规定,即刑法典第377条,“任何与男性、女性和动物自愿发生的与自然规则相悖的肉体关系”都属于犯罪。尽管该条法律没有得到广泛应用——去年只有578人因为这条规定被捕——但它是骚扰、迫害和勒索印度国内性少数群体的工具。这一局面必须改变。

除了让数百万同性恋男女生活在恐慌和隐秘之中,刑法典第377条还破坏了艾滋病预防措施,导致抑郁和自杀。2014年的一份世界银行研究披露,由于同性恋恐惧症,印度损失0.1—1.7%的GDP。

问题不在于性,而在于自由。刑法典第377条授予国家控制印度成年人床笫行为的权威,它违反了宪法第14条、15条和21条中规定的尊严、隐私和平等权利。诺贝尔奖获得者阿玛蒂亚·森(Amartya Sen)观察到,“同性恋行为入罪不但有悖于基本人权,也严重危害人身自由的强化,而人身自由是判断人类文明进步的标准。”

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