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/

Rate this Article:

2 / 5 stars - 1 vote(s)

Re-Publish

Article Source: http://www.articlesbase.com/national,-state,-local-articles/section-377-ipc-and-gay-rights-1004761.html

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

Related Videos
Related Articles
Ask / Related Q&A

Play

How to Rejoin WordWrapped Cells

Play

How to Prevent a Workbook from Being Saved

Play

Excel 2007 Natural Language Formulas Tutorial

Play

How to Round 0.3333 in Excel

Play

Opening Balance VLOOKUP Excel Tutorial

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.

Latest National, State, Local Articles
More from R.S. Praveen Raj

Locating Texas Public Records Online

By: Andrew Bicknell | 05/11/2009
Ever since the Freedom of Information Act was signed into law in 1966 gaining access to public records is guaranteed by the federal government in all 52 states including Texas. Everything from birth and death records, divorce and marriage records, to criminal and court records are freely available to the general public.

Cuyahoga County Property Records Look Up

By: subramani | 05/11/2009
Cuyahoga County Property Records Look Up

Open for Public Viewing: Cuyahoga County Public Records

By: subramani | 05/11/2009
Information about Cuyahoga County Public Records

Benefits of using Pinellas County Public Records

By: subramani | 05/11/2009
Information about Pinellas County Public Records

Get the best case record checking services from D-Law

By: Michael lee | 04/11/2009
Litigation check is basically a civil check also known as case record search performed by the service provider of these type of services to make sure that the person has not committed any type of criminal offence in the past.

Secure your organization and its business with the help of online legal research service from D-Law

By: Michael lee | 04/11/2009
The best way by which you can secure your organization and its business is by taking help of a service provider who provide legal research services. These service providers will carry out the activity of litigation check to make sure that the particular person who will be associated with your organization in any of the ways is not a part of any type of litigation record.

How To Ensure Getting Your Security Deposit When You Move

By: Gen Wright | 04/11/2009
Security deposit is very important when the contract is made between landlord and tenant.

Marriage Public Records - How to Find Public Marriage Records

By: Bill Mann | 03/11/2009
Learn about the two ways to get marriage public records and why there's one clear winner when it comes to searching for public marriage records.

Scope of research in Traditional Medicines, TKDL and beyond

By: R.S. Praveen Raj | 05/11/2009 | Medicine
Research in Traditional Medicines shall be encouraged for the better understanding of the mechanism of action of drugs being used, chemical reactions happening during its processing by the body, active principles responsible for the particular action of the drug and the identification of the molecules responsible for toxicity reduction etc. The potential portfolios of research include standardization of various drugs, modifications in the ‘form’ and ‘route’ of drug administration etc.

Letter petitions to Supreme Court

By: R.S. Praveen Raj | 04/10/2009 | National, State, Local
Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, Supreme Court entertains petitions in the interest of the public at large. The apex court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Honourable Chief Justice of India highlighting the question of public importance for invoking this jurisdiction.

Does Sri Venkateswara temple require a ‘goods’ status for its prasadam (temple offering) ?

By: R.S. Praveen Raj | 23/09/2009 | Religion
These laddus are offered as prasadam only to the devotees who visit Tirumala and offer worship to Lord Venkateswara here and not to any one else. Therefore to get ‘Tirupathi laddu’ one has to visit the abode of the Lord Venkateswara at Tirumala. The said laddus cannot be obtained by any other means in the world.Of course, Tirupathi Laddu does not deserve a “goods” status, as it is not sold in the market. Hence it is not appropriate to register ‘Tirupathi laddu’ as a “goods” under GI Act, 1999

‘collective community rights’ or ‘private monopoly rights’ ? - GI tag on ‘Tirupathi Laddu’ oppugns the legislative intent of the statute

By: R.S. Praveen Raj | 21/09/2009 | Intellectual Property
Allowing the GI registration of goods produced by private entities would defeat the spirit of GI protection, which is meant for protecting, preserving and promoting collective community rights as opposed to private monopoly rights. GI tag on 'Tirupathi laddu' also passes a wrong message to the public that temple prasadams (sacred foods) are akin to "industrial goods".

Copyright and Related Rights - An Overview

By: R.S. Praveen Raj | 19/09/2009 | Copyright
Copyright is concerned with protecting literary, artistic or scientific work of the human intellect.Copyright is based on the concepts of originality and reproduction of the work in any material form. Therefore the main criterion for the protection of a work under copyright laws is that it should beoriginal (Not copied).Copyright confers the author the exclusive right to use or authorize others to use it for its reproduction, public performance, translation and adaptation.

GI tag for Tirupati Temple Offering: Official recognition to the ‘laddoo maker’ ?

By: R.S. Praveen Raj | 17/09/2009 | Intellectual Property
Lord Venkateswara Temple in Andhra Pradesh (India), popularly known as Tirumala Tirupati Devasthanam (TTD) is the richest temple in the world. Tirupati Temple has crossed another mile stone in the commercialization drive by securing Geographic Indication (GI) tag for the famous and delicious ‘Tirumala laddoo’ offered as ‘prasadam’ (sacred food) to the devotees.

Success of RTI demands change in ‘attitude’ of public authorities

By: R.S. Praveen Raj | 12/09/2009 | Law
‘Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed’ - The preamble of the RTI Act says. However, it is quite painful that public authorities are still playing tricks to deny vital information by rhetoric arguments and the legal jargons. This “attitude” of the public authorities will defeat the very purpose of enacting RTI.