Section 377A is racist

Former High Court of Australia Justice Michael Kirby once termed the sodomy offence ‘England’s Least Lovely Criminal Law Export.’ Much has been said about this nefarious side-effect of the supposed rule of law exported throughout the British Empire in the form of Section 377 of the Indian Penal Code. There is a certain irony in seeing non-Western leaders defending this colonial law implementing colonial values as protecting local tradition against pernicious Westernisation. However, noticing this irony also directs the observer to something often missed in discussions of the prohibition of ‘carnal intercourse against the order of nature’ between consenting men: it is racist.

The lessons of intersectionality are still often ignored in studies of both sexuality and colonialism. Race is important to understand the views on sexuality on colonies, since it is the concept at the base of the subjugation of entire peoples. In order to justify such complete exploitation, you need the ultimate dichotomy of humans versus non-humans, or: Europeans versus non-Europeans. Literature written during the colonial period highlights this process: the strong and vigorous white European, epitome of human rationality, is juxtaposed with the corrupt and incomprehensible colonial subject, cesspit of carnal vices. In Dutch Indies literature this takes the shape of the tropics intruding on the white, clean houses of the Europeans, slowly corrupting the white world.

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