Section 377. Unnatural offences :
“ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine. ”
The the law was introduced during the British rule of India and was left as it is in Independent India. It was drafted in 1870 , quiet archaic and crying for some dusting !
This is one subject that unites all the fundamentally opposite religious groups and leaders. Religious leaders are strongly opposing the repeal of the law. Truly secular and united at least in this aspect.
The gay community in India has been actively demanding the repeal of the law and today the Delhi High court has ruled an judgment legalizing consensual homosexual act and effectively decriminalizing it. Surely a happy and gay judgment for the homosexual community !
Last few weeks saw rallies in Bengaluru , Chennai , Mumbai and Delhi demanding the repeal of the draconian law which was used by police to traumatize the gay community. So now that consensual sex is legalized , It might well make the homosexual marriage too legalized in India !
The exact text of the judgment is not yet clear but then someone just messaged in twitter saying Sec 177 still stays for non-consensual , non-vaginal sex ! Wait now what is this ? Non-vaginal sex is crime ? Holy cow ! Excuse me we belong to the land of Kama sutra !
Other day , I was having a discussion on homosexuality subject with a friend . We were wondering if “sexually challenged” is the right term for labeling homosexuals. I posed this question in a twitter hashtag .
Someone twitted me saying “certainly not. Homosexuals are NOT sexually challenged, I can tell you that.. No sirree, nyet, non!”
and another friend added “I think being gay is a matter of sexual preference while a sexually challenged person is an impotent”
While a third one quipped “Chota correction. We dont ‘choose’ to be gay. Its nature. How many ‘chose’ to be straight ?”
Leaving me still wonder , if “sexually-challenged” politically right word ? I feel it is a right term. No one chooses to be a gay . The orientation is within one from beginning till he discovers his orientation. It is definitely a deviation from the normal straight orientation , so isn’t it “sexually-challenged” ?
Personally , I have no complaints with people with homosexual orientation. It is their right to be what they want to be until and unless they don’t stalk others or prey upon others. The same law that governs any sexual activity should apply for them too. So I welcome the Delhi HC judgment decriminalizing the act.
Someone definitely would be going to take this matter to Supreme court , that’s for sure. So the final call may come from SC to end this debate once for all while the politicians would be taking stock of their vote arithmetic’s to see which side they could be. Most of our politicians are still conservation , that’s for sure !
So for all those homosexuals “ Be Happy and Gay ! you got something to cheer about today ” Play safe though !