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In the sunshine of the current demonstrations by LGBT (lesbian, gay, bisexual, transgendered), in search of rights and dignity at par with others, and the celebrations of the sexual minority on the probability of repeal to Section 377 of Indian Penal Code , let me invite your consideration to the textual content of controversial 377 IPC
Section 377 of IPC says
Unnatural Offences – “Whoever voluntarily has carnal intercourse towards the order of nature with any man, lady or animal, shall be punished with imprisonment for all times, or with imprisonment of both description for a time period which can prolong to 10 years, and shall even be liable to advantageous.
Explanation – Penetration is adequate to represent the carnal intercourse essential to the offence described on this Section. ”
I additionally comply with the demonstrators that it’s time to finish the social stigma to the LGBT. However I’m confused with the which means and spirit of Section 377 IPC and its direct relation to gay rights. While it’s essential to cease viewing gays and lesbians as criminals, repeal of 377 IPC could have critical penalties.
Justice M F Saldanha, former decide of the Bombay and Karnataka High Court, who has needed to make some judgments based mostly on Section 377, says that says that the Union authorities has to cope with this problem very rigorously and scrapping the regulation isn’t as straightforward as it’s 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 handled a case of sodomy of a kid, I had solely Section 377 underneath which I might convict the accused. This is the irony. We want to look at this regulation rigorously and be sure that there are separate legal guidelines that cope with youngster molestation. Bringing all the challenge of homosexuality, youngster molestation underneath the ambit of 1 part doesn’t assist. And sure as you identified a person raping a person is a rarity, however sure it might occur.
The authorities has to look at this facet too and make sure that Section 377 is reworded and particularly mentions that intercourse between two consenting adults of the identical intercourse shall not be an offence. But most significantly the social fallout of repealing such a piece must be taken earlier than any motion is taken. ” He added
An appropriate modification to Section 377 of IPC could possibly be the right motion. Hope the Government would act correctly
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Source by R.S. Praveen Raj
