On December 11, 2013, the Supreme Court of India ruled homosexuality as a criminal offence, thereby making it illegal to have homosexual relations in India. This law dates back to the year 1860, when the British in India introduced a law under Chapter XVI, Section 377 of the Indian Penal Code as follows: Unnatural offences: […]
On December 11, 2013, the Supreme Court of India ruled homosexuality as a criminal offence, thereby making it illegal to have homosexual relations in India. This law dates back to the year 1860, when the British in India introduced a law under Chapter XVI, Section 377 of the Indian Penal Code as follows:
Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[ 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.
After almost 149 years, this section was declared as unconstitutional, with respect to sex between consenting adults, by the High Court of Delhi on 2nd July 2009. Recently, this judgment was made ignoble when the Supreme Court overturned the Delhi High Court’s decision. The latest decision by the Supreme Court of India has stirred up many debates all over the country.
The ILGA (International Lesbian, Gay, Bisexual, Trans and Intersex Association) lists more than 70 countries in this world which criminalize same-sex relationships. All of them intending to wipe out what is “unnatural” in this world. Why do we need a law to punish those offence which are natural, which are against the order of nature? Is there any rulebook available describing the “order of nature”? On similar lines, an offence “against the order of nature” should include cutting trees, diverting rivers to build dams and even modifying genes to cure diseases! In doing all these aren’t we going against the order of nature?
Human-beings are not the only ones manifesting homosexual behavior. There is documented evidence that even lions, giraffes, tortoises and other animals display homosexual behavior. The current perception against homosexuality in India may be based on the moral values that we hold. But rules adhering to a culture cannot be based on the majority of a community. Homosexuality is more than just people having same-sex intercourse. It is about finding a partner who understands one’s emotion and returns love. A heterosexual may be attracted to another heterosexual. But a homosexual cannot be forced to get attracted to a heterosexual, even if the law demands it! We live in the modern ages where freedom of choice should not be questioned and neither should be punished. Human beings may have dominated the face of earth for all these years, but that does not empower them to decide what is natural and what is unnatural.
