Section 377 IPC and gay rights

<h1>Section 377 IPC and gay rights</h1>Author: <a title="R.S. Praveen Raj" href="http://www.articlesbase.com/authors/r.s.-praveen-raj/143647.htm">R.S. Praveen Raj</a> In the light of the recent <a href="http://www.hindu.com/2009/06/29/stories/2009062956352400.htm">demonstrations by LGBT (lesbian, gay, bisexual, transgendered)</a>, seeking rights and dignity at par with others, and the <a href="http://www.thehindu.com/2009/06/29/stories/2009062959501300.htm">celebrations of the sexual minority</a> on the likelihood of repeal to Section 377 of Indian Penal Code , let me invite your attention to the text of controversial 377 IPC Section 377 of IPC says 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 a term which may extend to ten years, and shall also be liable to fine. Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this Section. ” I also agree to the demonstrators that it is time to end the social stigma to the LGBT. However I’m confused with the meaning and spirit of Section 377 IPC and its direct relation to gay rights. While it is necessary to stop viewing gays and lesbians as criminals, <a href="http://news.rediff.com/interview/2009/jun/30/interview-with-justice-saldanha-on-section-377.htm">repeal of 377 IPC will have serious consequences</a>. Justice M F Saldanha, former judge of the Bombay and Karnataka High Court, who has had to make some judgments based on Section 377, says that says that the Union government has to deal with this issue very carefully and scrapping the law is not as easy as it is made out to be by some gay rights activists. He Said "Look sex is a biological and from what I have been reading about this issue there is substance in what they are saying. Their contention that sex is biological and same sex relations are an individual's preference. I don't think that scapping this section will make any difference to gay rights. Tell me how many cases have been reported under this section. People with a different sexual orientation continue to do what they want and having this law makes no difference to them." " When I dealt with a case of sodomy of a child, I had only Section 377 under which I could convict the accused. This is the irony. We need to examine this law carefully and ensure that there are separate laws that deal with child molestation. Bringing the entire issue of homosexuality, child molestation under the ambit of one section does not help. And yes as you pointed out a man raping a man is a rarity, but yes it could happen. The government has to examine this aspect too and ensure that Section 377 is reworded and specifically mentions that sex between two consenting adults of the same sex shall not be an offence. But most importantly the social fallout of repealing such a section needs to be taken before any action is taken. " He added A suitable amendment to Section 377 of IPC could be the correct action. Hope the Government would act wisely About the Author: R.S. Praveen Raj
Scientist - IP Management & Technology Transfer
National Institute for Interdisciplinary Science & Technology (NIIST),
(Formerly RRL, Trivandrum), Industrial Estate P.O., Pappanamcode,
Thiruvananthapuram – 695 019.

<a target="_blank" href="http://secularcitizen.net/">http://secularcitizen.net/</a>Article Source: <a href="http://www.articlesbase.com/">ArticlesBase.com</a> - <a href="http://www.articlesbase.com/national,-state,-local-articles/section-377-ipc-and-gay-rights-1004761.html" title="Section 377 IPC and gay rights">Section 377 IPC and gay rights</a>

In the light of the recent demonstrations by LGBT (lesbian, gay, bisexual, transgendered), seeking rights and dignity at par with others, and the celebrations of the sexual minority on the likelihood of repeal to Section 377 of Indian Penal Code , let me invite your attention to the text of controversial 377 IPC

Section 377 of IPC says

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 a term which may extend to ten years, and shall also be liable to fine.

Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this Section. ”

I also agree to the demonstrators that it is time to end the social stigma to the LGBT. However I’m confused with the meaning and spirit of Section 377 IPC and its direct relation to gay rights. While it is necessary to stop viewing gays and lesbians as criminals, repeal of 377 IPC will have serious consequences.

Justice M F Saldanha, former judge of the Bombay and Karnataka High Court, who has had to make some judgments based on Section 377, says that says that the Union government has to deal with this issue very carefully and scrapping the law is not as easy as it is made out to be by some gay rights activists.

He Said "Look sex is a biological and from what I have been reading about this issue there is substance in what they are saying. Their contention that sex is biological and same sex relations are an individual's preference. I don't think that scapping this section will make any difference to gay rights. Tell me how many cases have been reported under this section. People with a different sexual orientation continue to do what they want and having this law makes no difference to them."

" When I dealt with a case of sodomy of a child, I had only Section 377 under which I could convict the accused. This is the irony. We need to examine this law carefully and ensure that there are separate laws that deal with child molestation. Bringing the entire issue of homosexuality, child molestation under the ambit of one section does not help. And yes as you pointed out a man raping a man is a rarity, but yes it could happen.

The government has to examine this aspect too and ensure that Section 377 is reworded and specifically mentions that sex between two consenting adults of the same sex shall not be an offence. But most importantly the social fallout of repealing such a section needs to be taken before any action is taken. " He added

A suitable amendment to Section 377 of IPC could be the correct action. Hope the Government would act wisely

R.S. Praveen Raj Scientist - IP Management & Technology Transfer National Institute for Interdisciplinary Science & Technology (NIIST), (Formerly RRL, Trivandrum), Industrial Estate P.O., Pappanamcode, Thiruvananthapuram – 695 019. http://secularcitizen.net/

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Article Tags: Lesbians, Gays, 377 IPC, Unnatural Offences, Section 377

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1. subhash (10:22, 02.08.2009)

section 377 is not good for homosexulity

2. Sonia (06:53, 04.08.2009)

First of all, gay marriages are not legal. The Section has been amended to the extent that intercourse between two adults is acceptable in the eyes of law. Gay intercourse between consenting individuals is now legal. But gay matrimony is not legal.

Secondly, the decision is of Delhi High Court.No other High Court is literally bound by the decision of any other High Court, though the Delhi High Court holds a very high persuasive value. Also, this has created a lot of upheavel and therefore, it is high time Supreme Court takes up this issue and forms substantial law on this matter.

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