About a criminal offense

No human is hundred percent male or female. There are many factors other than the sexual organs/gender that determine the sexual orientation/sexuality of a person.
In India, ’homosexuality’ is a criminal offense. Section 377 of the IPC states
"Whoever voluntarily has 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 10 years and shall also be liable for a term which may extend to 10 years and shall also be liable to fine”.
What I don’t understand is that how come such a private matter becomes a criminal offense? Most times, gays/lesbians are treated in a not so fair manner in the society {even though ‘tolerated’}. May be because we Indians are conservative. But I believe that homosexuality is not that younger to heterosexuality {Manu Smriti pronounces severe punishments for male as well as female homosexuality.}
Is it really unnatural to have that kind of feelings? Feelings are natural. If a person really feels that way, pleased with his/her way of life without harming others what’s the problem then? I think they call it against the nature of law because this does not lead to reproduction and consider it just for pleasure and fun. After all everyone has choices to live the way a person wants it to be [without causing any offence to others rights]. And that depends on one’s belief, morality and culture.
Actually I came to know about homosexuality when I was in the boarding school. There some popular/smart girls had so many ‘fans’ and these ‘fans’ were fighting each other all the time. The ‘popular girl’ used to change her interest towards each ‘fan’ as time goes. And they spent a lot of time together. I was totally unaware what was happening. Then it was at college [@ a women’s college] I came to know about this exact stuff. I totally disagreed/disliked with the concept and was irritated. Some of the girls even had gone beyond the limits. I don’t know whether they really had such feelings; they did that for fun (!). I understand that this is common in girls only/boys only/women’s institutions where they don’t get much chance to get mingled with the other sex. But no real ‘homosexual’ feelings.
But there are people with real feelings, which I believe to be natural. I really don’t know that homosexuality/bisexuality is a good thing. But anyway it is not a criminal offense.
Isn’t it time to decriminalize homosexuality?
---Motivation: we the people, NDTV---
cheers,
tressy




23 comments:

Sands | കരിങ്കല്ല് said...

Great Post!
Nice thoughts..

Agree with you.

Sands

PS: I am also waiting for the comment from Dutchess! ;)

Learn Engineering said...

But tressy , can you give me atleast one occasion in history of india a person has been punished for homosexuality..
Never..
Its a dead law...
So why should we worry about it even if your opinion is right...
(TV channels make big debate on an issue even if the issue is dead , just for viewer ship)

Tressy said...

@ sands.
thanks.
me too.
@sabin
do the homosexuals have a position in society than others?
what i m asking is why it is considered as a criminal offense. after all its a private matter.
just search google/ visit sangama http://sangama.org/
and u can also read @ magazine ( Sunday express)

Learn Engineering said...

Yah..thats true,
They don't hav a position in our society..

One qn.
U r arguing for them, but if one gay pair is getting married and they are inviting you for their marriage ceremony , will U GO?

Tressy said...

yeah. i will, if the person/pair is important to me. i dont care abt their 'homosexuality'.
am i arguing for them? not really. im just presenting what i feel.

Justin said...

hey Tressy,
u seem 2 need a greater research on d topic b4 making such emphatic arguments.... u really lack deep awareness on it n even contradict urself at times. i'm not against ur r8s... bt jst wish u make a deeper study on it and do a sound argument.
i've many objections 2 wat u argued, though i'm not against same sex marriage...
make ma points later...

Tressy said...

yeah i admit that.
but is there anything wrong with my points?
would like to know about ur points/ objections.

The Dutchess said...

Hello Tressy..I am back in the stormy weather of holland...And I like rain when i am inside my house looking true my window!
But ..have to go to work tomorrow...on my bike!

Fear creates laws...in a time we think we know everything ,mankind is still very much afraid of something you discribe as...feelings!

Reswin.R.Nath said...

Hot topic..much to argue...
Homosexuality is never a criminal offence..But it has grave social implications..Think of a guy who marries a lesbian or a woman who marries a gay..their marital life wont be successful,i presume.
the topic is never new,as u said..many wellknown people were homos.
But 4 me its a thing to be discouraged..Think of a situation where they r doin it 4 fun...But it will still prevail,as we cant take away personal liberty..
u didnt mention about lesbian/gay marriages or its repercussions in the society ..

Sands | കരിങ്കല്ല് said...

:(

Most of your readers aren't grown up! :(
Feeling sorry for you! :)

But keep going girl. The points are very valid. Just that there is no point preaching those points to most of the people! :)

- Sands.

http://en.wikipedia.org/wiki/Homosexual_behavior_in_animals -- for the ones telling that homosexuality is not natural!

Tressy said...

@dutchess
thanks for sharing :)
true!!!
@reswin
does it mean the other topics (in my blog) are not hot/imp? anyway im so glad that u commented!{ at last!}
hey, feelings are feelings . right?
it will not be peaceful. i know.same in the case of extra-marital affairs.ha?{i dont want to enter into this topic-gay marriage coz i dont have much idea/knowledge, may be later}
yeah , its personal liberty.
lemme ask u one qstn( dont know whether im crossing the limits..., still)apart from reproduction having 'sex' is for fun/pleasure. for most ppl now, its only for fun/pleasure. so wats wrong with them--homos?
personally ---i pray{to God} the 'homos' to remain a minority!

Tressy said...

@sands
ooh.
k. thanks.
fed up thanking u all the time :)

The Dutchess said...

Well, we both changed our blog today...love the little fishies!
You created a wonderful and interesting place.***

VIPIN said...

tressy....wat is permissible here,may not be so somewhere else and vice versa..In India we have a cultre and some traditions we r following..tats the identity of a nation....so as an individual or as a nation u need to maintain ur identity...so no problem if homosexuality is a criminal offense...

Reswin.R.Nath said...
This comment has been removed by the author.
Reswin.R.Nath said...

i mentioned about the non homos who r doin it for fun(without the so called attraction)...
After all sex is not so frivolous...atleast in our culture...The culture of a nation plays an important part..Can u see gals dressed like their american counterparts here...?may be in metros..So its a question of how our culture evolves to accept these unconventional notions...

Hailstone said...

Hmm...Great debate going on here!! Couldn't visit your page for the last few days(Sankethika thadassangal)

Anyway, keep going...

By the way, Where are you now? Where are you going to join? atho, join cheythuo?

Anonymous said...

I LIKE YOUR ARTICLE ON HOMOSEXUALITY

Nishanth said...

Thats some serious post from a girl blogger.And i really appreciate your courage in posting such a controversial topic.I was totally unaware of the fact that there was really a rule written in IPC that barres homosexual behavior among indians.But moreover indian media is always scavenging for topics to inflate and present them to the audience in convincing manner so it is hard for me to believe the same.The society needs to be more mature when handling such sensitive issues.But at present Nobody wants their son or daughter to become a social outcast.

Binoy Mathew said...

Homosexuality is a way of nature.. its not a crime itts not a menatal disorder as many people think of it. There are so many species who are "homosexuals" other than homosapiens. bo=bo chimpanzee is an example. Dolphins also practice it. May be that a natural way of controlling population.. About India, homosexuality was not a crime in ancient period. There are many stories in puranas, and u can even see lesbian sex portrayed in kajuraho sculptures.. Now Indian socoety is more rigid and it accepts some loose morales in some aspects where as holds tight some values. so it will take a long time to bring a change in LGBT people..This issue is seriously handed by media now a days. Indian express saturday special gives informative articles on these topics..

പ്രദീപ് പേരയം said...

not easy to read with black backgoung. content is very good. keep gooooooooooooing......

Unknown said...

opinions are great. but homosexuality is not good.it will destroy an individual in the long run for sure.

Fallen Angel said...

despite being rigidly catholic, i support homosexuals,,,any day nay time.... screw those who've nothing better in life but to chase or hunt down gays or lesbos!!!!!