A Law not so Gay

A recent report in a news paper has said that a record 1148 criminal cases have been registered last year under section 377 on the penal code. This section of Indian Penal Code declares any carnal intercourse which is not natural as against the law. 

The law dates back to the year 1860, and was introduced by the British rulers in India. However this law was termed unconstitutional by the High Court of Delhi as it was according to them sex between two consenting adults is not unconstitutional. But the Supreme Court overturned the decision in December 2013, since it considered that amendment or repealing of Section 377 must be left to the parliament and not the judiciary.

Click here to read: Role of electronics in defense
Also read: Religion and Politics should not be mixed

The Law:

According to the Law, Whoever has voluntary 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.

Many of NGOs and Gay Right activists believe that the law is draconian and old. Now the time has changed. Many people have come out of being in the LGBT community and their marriage must be given some thought. The petitioners against this act are the NGO NAZ foundation. They have been fighting for legal rights for the Lesbian, Gay, Bisexual and Transgender Community.

The issue:

The issue with this act is that many of the people from the gay and lesbian community have been accused under this act. Also, many say that the law was just implemented at that time to deal with child abuse, and not consensual sex between adults of the same gender. And out of the 1148 acussed under this act only 765 cases are for children in 2014.

Also, it is not clear why the Police have been invoking this vintage Law when Parliament has already enacted the Protection of Children from Sexual offences act in 2012 to deal with Child abuse. Moreover, the Police itself are not clear or aware about the same. Many say that Police officers are playing safe by invoking all sections that come under IPC as well as Child sexual offence Law.

According to the National Crime Records Bureau (NCRB) statistics only 383 cases were recorded in which people from LGBT community were targeted for consensual sex of same gender. But does this mean that the there is an unnecessary uproar in the LGBT community regarding the verdict passed by the Supreme Court? The statistics show otherwise. On one hand we have had only 200 cases in the last 150 years regarding the same issue when on the other hand there has been a tremendous increase in the number of cases i.e. 383 in the last two years.

Click here to read: What is needed for getting selected in SSB?

Also read: All you need to know about the Clean India campaign 

Also according to a leading gay right activist after the information breakout on the Article 377 the Police have a found a new medium to take bribery from Gays who want to come open about their sexual status. Moreover, the partners of these gays also blackmail them for money under this act.

Not only is it a violation of fundamental rights of the people of LGBT community. These people have nowhere to go if they want to openly declare their status in the society. They cannot discuss their feelings freely to someone, as others might get offended. Also many kids cannot mention about themselves to their parents which again lowers their confidence to face the society afterwards and also makes them victim in such cases. Lastly, since their marriage is also not acceptable in the society they have to hide from everyone for being together with each other.

Conclusion:

The Anti-gay law was introduced a long time back by the British government at a time when all these activities were considered as a psychotic disorder or a Taboo. Now it has been scientifically proven that being a gay or a lesbian is not a psychological disorder in fact it is a natural case. Even the United Kingdom who have made the law in India have declared Same sex marriage as legal.

Also, giving them this right would make them free in our own country and allow them to be part of our society. Moreover, our culture would evolve accepting the new realities of human life. Many cases against the people of Lesbian and Gay community would be freed and they can openly declare about their status to everybody which will make us a better society for everyone.

Hope you enjoy reading the latest information on whats happening in India.Share it with other defense aspirants and friends too. Like our page and join our group SSB Vision for updates. Follow us here and subscribe for email notifications.

About the Author:  Pranav Nikam is an Electrical and Electronics engineer who is working in a renowned MNC in Chennai. He likes to work out in gym, do photography and play badminton. Through his articles he wants to spread awareness among other defence aspirants.