Wrong backdoor appointment: One held on charges of sodomy

Nagaland is infamous for its corrupt government practices such the notorious ‘backdoor appointments’ (illegal appointments or bypassing proper channels) but this case was an entirely different sort of back-door appointment. Perhaps for the first time in recent memory in Nagaland, a non-local person has been publicly charged with sodomy. The man, from Medzhiphema, allegedly sodomized his domestic helper.

The victim is alleged to be a minor, and cannot be identified here except that he belonged to the ‘Adivasi’ community.    

The Medziphema Town Youth Organization issued a press release on Monday, July 27, informing about the alleged case.

Members of the youth organization apprehended one person, identified as one Jamai Thakuri, belonging to Nepali community and from Medziphema on Monday. He had “repeatedly committed adultery (anal sex) on a minor of Adivasi origin”, the youth organization explained.

The accused, Jamai Thakuri is said to be a 50 year old man from Gulmi of Nepal. He was a resident of Piphema new (Tserü) village, the press release stated.

According to the organization, the accused had “revealed that he personally brought the minor from Assam to help in paddy cultivation about 2 months ago. He further confessed that he lured the boy on the pretext of buying him watch and mobile in order to satisfy himself”.

The youth organization stated:

“In their corresponding statements, the minor revealed that the accused acted on him thrice and that the elder began to watch and follow him everywhere, even during toilet duties.

The minor however, escaped from prying eyes this morning and immediately reported it to nearby residents who in turn alerted MTYO to swing into action”.

The accused has been handed over to Medziphema police for further action, the organization added.

Sodomy laws in India

India does not recognize same-sex unions of any type. India inherited sodomy laws in its criminal code from the British Raj, which were not present in its history of codified or customary legal system before.

That section of Indian law, Section 377 of the Indian Penal Code, called for a maximum punishment of life imprisonment for all carnal intercourse against the order of nature with any man, woman or animal (primarily interpreted to be homosexuality, especially sodomy, including between consenting adults).

This law had rarely been executed, if at all, in case of consenting adults, although sometimes was in the news when a homosexual rapist was apprehended. Police repression in alleged or real gay bars is common, and is often highlighted by the contemporary media.

On 2 July 2009, in the case of Naz Foundation v National Capital Territory of Delhi, the High Court of Delhi struck down much of S. 377 of the IPC as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the Constitution of India.

 The High Court did not strike down S. 377 completely – it held the section was valid to the extent it related to non-consensual non-vaginal intercourse or to intercourse with minors – and it expressed the hope that Parliament would soon legislatively address the issue.

On December 11, 2013, the Supreme Court of India overturned the ruling in Naz Foundation v. National Capital Territory of Delhi, effectively re-criminalizing homosexual activity until action is taken by parliament (Wikipedia).

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