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5 Reasons Why Section 377 Is Ridiculous


During the fag end of last year, the Supreme Court of India overruled a decision of the Delhi High Court and criminalised homosexuality and facets that are relevant to adult homosexuality. Bizarre as this may sound, the Supreme Court has attracted widespread criticism for the judgment it passed.

Apart from violating individual rights of a class of citizens, the verdict has deprived them of freedom of personal choice, something that the Constitution of India seeks to protect.

Section 377 is a rule of law enshrined by the British in the Indian Penal Code (IPC). This section criminalises any act of gay intercourse considering it to be against the order of nature. Moreover, apart from deeming homosexuality as a crime, the section also considers any act of going against the order of nature as a crime.

Mentioned below are reasons why Section 377 is ridiculous and detrimental to a peaceful societal order.

Goes against the privacy of individuals:

There can be no peace in a society that violates and compromises the privacy of individuals. Section 377 does just that. It goes on to dictate and term as criminal what you do inside the four walls of your own home.

The ambiguity surrounding the terming of carnal intercourse:

Section 377 specifically speaks of intercourse, terming it carnal. So you can kiss and make out in public with somebody of the same sex but if you take to intercourse, you are deemed a criminal in due accordance with the law of the land.

Jail on the basis of suspicion:

As per the provisions of Section 377, you can actually be slapped with charges and face arrest as well. How preposterous is that? It goes against the very sanctity of respect for human life and regard for human dignity.

A law imposed by the despondent Britishers:

Now, here is the irony. This law was imposed on us by the British, impinging on our own privacy. As ludicrous as it may sound, this law has been repealed in Britain but remains a stigma on a country that was ruled by the British for a staggering 197 years.

Goes against the order of nature and any act against the order of nature will make you culpable:

Ambiguity exists in the very nature of the law. Coming to think of it, how do we know what the order of nature is? More than anything else, who are we to assert what the order of nature is? Absurd in its entirety, isn't it? For all that is said, even animals exhibit characteristics of homosexuality. Did you know, 'Homosexuality is found in over 450 species. Homophobia is found only in one'.

Read more about: homosexual
Story first published: Friday, May 30, 2014, 1:04 [IST]
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