Amend IPC 377, Save Lives

Why Use the Bible to Find Sanction for Criminalising, if Being Gay is a Western Trend? Does Kamasutra Disapprove?

let the window be open

New Delhi, Oct 15 (IANS) The Delhi High Court Wednesday pulled up the government for using inadequate evidence to oppose decriminalisation of gay sex in private among consenting adults.

The court was hearing a petition filed by 13 NGOs, including Naz Foundation, seeking the court’s direction to decriminalise homosexual acts among consenting adults by amending Section 377 of the Indian Penal Code

“We cannot compel our society to follow the trend of western society,”Additional Solicitor General P. P. Malhotra had said.

Exactly, can the state or general public in any circumstances compel the society, which comprises of individuals, to follow any trend? Isn’t it infringement of an individual’s rights?

If we hold that, to be gay is to be ‘influenced by western lifestyle’, how come we are quoting from the major religious text of the West, in defence? Wouldn’t it more appropriate if we turned to our own sacred texts or atleast Kamasutra ( after all it is the Kamasutra ) !

Gays still cannot legally marry or adopt in many Western countries even now, but no one could put a man in jail because of what he does with his mate in the privacy of his own bedroom unless his partner complains of inappropriate behaviour. That last bit is an important part – consent is an important consideration and implies a matter of conscious choice made by an adult.

It is not like they are killing each other or hurting other humans or forcing everybody to do what they do. So why can’t we and the state let them be?

Why do we have to catch hold of gay men and marry them off to unsuspecting women and cause four or five different lives to be shattered and wasted? In India especially, where arranged marriage is still in vogue, have the Government stopped to consider the plight of hundreds of thousands of women who are subjected to not only risk of HIV infection through philandering gay husbands but also doomed to a very un-gay marriage for life – (in addition to becoming unfortunate mothers of infected children in some cases) ?

When did the public of a democracy give the state mandate to moderate bed-room practise of two consenting adults?

Those people are not saying “anybody”, they are repeatedly stressing on the phrase “consenting adults”. They are saying ‘let men choose for themselves’, why is that so hard to understand or accept?

The other question is, can criminalising an act, change or detract behaviour? Doesn’t it merely push things under the carpet to fester and cause damage? In this case it is not even behaviour, studies suggest it is much more complex and intrinsic than ‘behaviour’, which can be learned and then unlearned making it comparatively simpler to deal with.

We are so concerned with issues of crime and punsihment, we are not even considering the help and social support some people might need. It is also the duty and responsibilty of the state and society to ensure welfare for and well-being of people who are different, not necessarily perverse or diabolic or abnormal or subnormal or diseased.

In addition to NACO reports, and UN reports, let the Government also ask for reports on the number of divorces that are caused due to mismatched gay-hetero incompatible partners. There would be a problem in getting that data though, simply because they would not come out of fear of persecution and wives and mothers and girl-friends are either blissfully unaware or still fail to notice or accept the truth.

But this piece of news suggests that we are close to throwing open that window soon.

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27 thoughts on “Amend IPC 377, Save Lives

  1. Being Gay is a “western” influence? 😀
    To these guys, nudity is a “western” influence too, even though many subcultures in India have been following it for centuries.

    Well, I believe people need something to pick on, anything which they don’t think as “normal”.

    But yeah, as you said, I think we are moving on… 🙂

    @ Alok hi, thanks, nice to see you here once more.

    🙂 yeah “nudity” is a case in point as is “live-in“, pre-marital sex, abortion, adoption by single parents, staying single even (single people have difficulty finding a decent house or entertain male/female guests at home) etc etc

    which they don’t think as “normal” that or perhaps our inability to let go and let people be themselves. It is perhaps in our nature to meddle with what doesn’t or should not concern us (just think of an Indian marriage and all the well meaning people trying to get involved with all their well meaning seemingly helpful ‘help’ picking holes into great big chasms that ultimately kills the marriage sometimes?) and crablike try to pull each other down by the legs.

    Since, you, gen Y, say that, am convinced – guess, we are moving on! Cheers! 🙂
    er and I still have difficulty commenting on ur blog, Alok. can you see my comments at all?

  2. I agree – the whole forcing gay-hetero marriages in the hope that the gay will lose their “gayness” upon marriage makes absolutely no sense…it’s ridiculous and just ruins the lives of all those involved. I dont even see how it is the state’s business to monitor what someone’s sexual preference is. Arent there many more genuine life or death crises that they should be sticking their noses into?
    Twas a good post…I enjoyed reading it.
    PS. Thanks for visiting my blog and leaving a comment 🙂

    @ Vagabond Welcome. Thanks. Hope to see u here again 🙂

    “Aren’t there many more genuine life or death crises that they should be sticking their noses into? ” – ? yeah, isn’t it?

    BTW I love photographs on your site 🙂

  3. you guys need psychological assistance..

    Visit a psychiatrist and clear up your thinking on gays and lesbians, theres nothing like this in India.

    @ Harshad welcome.This is controversial subject no doubt.
    I have mailed you. Would answer with more information soon.

    Hope you find my other posts less unpleasant. 🙂 and please, feel free to voice your views.

  4. I have replyed you back through mail..and stop writing this illegal material. Promotion of such kind can land you in jail as per cyber crime laws.

    If you understand it, fine, if not, maybe some drastic steps might be needed to make you fully understand, you wont like it though..

  5. “drastic steps might be needed to make you fully understand, you wont like it though..”
    Is that a threat Harshad?

    And how is writing my views in my own blog illegal or a cyber crime? 😐

  6. All I am saying is – if you write crap, you will feel unhappy on seeing the results of it.

    There are many other things in world worthy enough to be written,read and thought about..

    Dont indulge into unnaturral activites…

    Media esp the extreme idiotic ones news channels are always on lookout of something buzzing, not surprising they showed…on tv….

    @ Harshad thanks for your suggestions, but in my blog am allowed to write about what interests me. 🙂 thank you.

    Agree – media does sensationalize, use dirty selling strategies.

    The moot point is whether you would let the Govt dictate how you make love with an adult consenting partner and why it should deny social rights, welfare and dignity on debatable grounds to those who deserve it as much as you and I.

  7. Dharma must be restored.

    @ Harshad, I would leave it on the readers to answer and address your concern.

    In any case, this post is about whether the Govt can decide some things that are personal FOR you. Its like the public telling you what you should or should not do – is that what you would like to have?

  8. Homosexuality has always been part of our nature. Experts say that all in all, as many as 1,500 different species of birds and animals are known to have displayed homosexual behavior.

    So its not a big deal if human beings display such kind of behavior. Well I have written a post on homosexuality on my blog.

  9. Hmmm. Some interesting comments generated here, for sure. Not some that I would say I agree with exactly -particularly those from Harshad, who calls you out about your post, alludes that this is criminal behavior and when questioned, says in essence that HE can write whatever he wants on his blog but what you are writing here is crap.
    You know -that is CRAP! Big time! Is this against the law in India for you to express your opinions? Or only for some people to express their opinions and if one doesn’t like what the other person said, then turn them in for some kind of cyber crime?
    Being of the “western” culture -which by the way apparently is not as accepting of gay/lesbian lifestyles as other cultures would believe we are, as noted by so many places here in the States not allowing gay marriage, some even having stronger laws that that against homosexual behaviors -I still fail to see what is so threatening to people that they would condemn others who want to live a life in peace, harmony and love with the partner of their own choosing.
    Your post -by the way -I found quite illuminating -especially where you wrote about the arranged marriages in India still an ongoing thing and how that can, when a homosexual is matched with a heterosexual, it can bring devastating results to so many innocent people.
    Excellent words and writing and please keep on with your blog as you do have a very good way of getting your message across. I would hate to see that stifled in any way.

  10. Well Done Trisha!!

    It is so important to bring this things in notice, and spreading the information is the least we can do!!

    You brought up an interesting point about arranged marriages in India where the husband is gay and the marital life becomes un-gay.

    Sexual orientation is by choice, and I do not think you can call it unnatural.

    I have watched a one hour long program on discovery channel, wherein they showed not only among human but homosexual realtionships exists in animal too.

    Sex is one of the basic instincts and I always thought why is it considered so taboo in India to even talk about.

    What gay people need is support and not criminalizing 🙂

    Nice post there…

  11. @Jenifer welcome and thanks for ur well thought out and absolutey straight from the heart comments and encouragement. Shows your own courage and conviction.
    Women have a huge role to play in this regard, as mothers, wives, sisters, girl friends even, teachers too, bec it is to us they turn for help, guidance, support, social skill training when they are young and vulnerable, wdnt u agree?

    @ Sharad, yes, absolutely right, exactly what they r trying to drive home tht sexual orientation is a matter of choice, who u choose to share ur life shd also be a matter of ur own personal choice, how u relate to them – if they agree to it and consent, is again ur choice. Why shd me or the govt have anythng to do with it until and unless it affects the well being or welfare of another person?

    Infact, if they can socialise wthout fear, freely, a lot of women wd be safer (not end up falling in love, suffering later 😉 it happens), what Fashion et al show is stereo type, not all Gays in real life are effeminate or designers. They can be anybody, the handsomest rockstar rocking the stage to your handsome doctor!

    “they need support more than anything else”. Amen.

  12. Interesting that homosexuality is seen as a “western influence”. Very good points made in this post. I will return to read more!

    And thanks for visiting my blog, feel free to add me to your blogroll!

    Trisha what a pleasant surprise! welcome AbbyNormal, thanks, me and my friends look forward to what you have to say or think 🙂

  13. I am a person with very low IQ. So I have got a few questions –
    1. Why we are bothered about only same sex? why not about incest or beastality? Those too are sexual preferences.
    2. Why person with same sex want to marry? Marriage is an institution setup to continue human race by reproduction.

    Yes, I do think state has no business to interfere in any act of sex as long as it is consensual and conducted in private.

  14. Diana, welcome 🙂 lovely sheuli strewn on grass on ur site 🙂

    HoddoBoka ur modesty is exemplary 🙂
    To answer you, (thanks for bringing this up)
    1) A child, minor, beast, dead body is INCAPABLE of CONSENTING! So isn’t allowed.
    2) Incest affects all ur social relationships in a way, tht same sex relation doesn’t.

    2) Marriage is NOT about reproduction. It is about society recognizing the union of 2 individuals so they can share their lives and resources together.
    Welcome to my perch. Hope you keep in touch 🙂

  15. No doubt child, minor should be excluded but otherwise I think same sex proponents should fight for incest etc. as well.
    I am surprised that proponent of same sex union is concerned about ‘society recognition’ or social relationships. Because in general society does not approve same sex/incest etc. Society in general does not approve it because it affects structure of the society.

  16. YOU are society. 🙂
    Incest is when a parent desires an offspring (if he is gay he wd hve the son, if he is hetero he wd desire the daughter) or a sibling desires another sibling. This wd destroy, jeopardize all societal relationshp of trust n nurture, so society rightly doesn’t approve.

    Whereas, being Gay or Lesbian simply means they prefer a mate of same sex. Not necessarily a relative. So same sex marriage does NOT break social structure. In fact, it could curb population explosion ensuring more adoptions p’haps, if the men r well-educated 🙂 Enjoyed answering u, pl kp asking quesns thx 🙂

  17. @ Rolling : If there is a law in the IPC that makes Gay sex illegal then it is unconstitutional because the constitution promises equality. Discrimination can not be legalised per say. The government must follow international trends on this.

  18. Accept my congratulations.

    Homosexuality is NOT a sin. It is NOT immoral. It is NOT a crime. It is NOT a mental health problem. And most importantly, it is NOT A CHOICE. It’s a less understood mode of human sexuality. Its like the majority versus the minority….something like ‘sexual apartheid’. Before Pythagoras, every astronomer worth his salt claimed the Earth was flat! Will the world finally accept homosexuality as valid when a ‘Gay’ President takes office in the US? Ridiculous.

    Furthermore, and contrary to assumptions, family activities, such as mutual care, the division of labor in the home and looking after dependents and relations are NOT threatened by having a family member who is homosexual. Many of these people with same-sex desires are healthy, life-affirming individuals capable of effectively coping with the stresses of life, including those related to their sexuality.
    Homosexuality, in itself, is not the problem facing them. The problem is the reaction of families, and of the ‘society’. We do not need to change gay people. We do not need to ‘cure’ them. What we do need to cure our collective attitude towards them.

    Shakarotti

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