In 1860 a British act of parliament declared that sex between men was illegal and punishable by a jail sentence of up to ten years. The law went into effect throughout the British Empire including its largest colony, India. Unfortunately, when the British government repealed section 377 in 1967 it couldn't take back what it had imposed on its colonies the century before, and to this day homosexual sex is still illegal in India. (Speaking to a gathering of Indian delegates at last summer's 2008, International AIDS conference in Mexico, Indian health minister A Ramadoss lent his support to the repealing of Section 377, but as of yet nothing has been done to do so.)
The Bombay Police Act of 1951, which covers everything from frightening cattle to public decency, gives police the power to fine and arrest people they believe are behaving indecently. As the act does not define what is indecent, it gives police the arbitrary power to arrest virtually anyone they feel like. While in theory the act is to be used to curtail prostitution, the fact that the average police officer makes less than a maid results in widespread use of the act to shake down sex trade workers for money. Of course the constable on the beat has to give a cut of whatever he takes in to his superior officer. In fact if the lower grades among the police force ever want to advance up the ladder they are expected to pay off their higher ups on a regular basis thereby encouraging the practice.
It's reading disheartening facts like these, and other far worse anecdotal tales, that makes the new book AIDS Sutra, produced by the Bill & Melinda Gates Foundation and published by Random House Canada (available in India through Ramdom House India) so depressing. For all that India tries to present to the world the shiny face of a modern technologic giant, judging by what you read in AIDS Sutra when it comes to sexuality its stuck in the dark ages. One of the things this book makes clear is just how much these attitudes impact HIV/AIDS prevention and treatment.