Tuesday, December 8, 2009

Crux of Section 377 (I.P.C)

Indian Penal Code initially drafted by Lord Macaulay was based on the moral principles of English law and character, celibacy and monogamy, etc. etc. These tenets were all born out of Christian morality and traditions developed over a number of centuries. Sex is a term which usually connects two individuals of any animal species - a male and a female. Any amoral relationship between the two human beings especially permitted by the society and based on mutual consent is treated to be a perfect and a practical mode of showing/exhibiting one’s love and affection. But if the same is found between two individuals of the same gender is taken to be somewhat an unusual conduct and bizarre development in a traditional set-up. Since it was abhorrent and considered unethical in the outlook of majority in human species, the law makers thought it better to discourage, if not abolish altogether, the homosexual or lesbian behaviour of the citizens in a civilized society. There is no law or a rule in any human society/state which could be implemented in full in private or public life unless the same is noticed by others and taken up for investigation and prosecution for its non-observance or violation. It is but a paradox in our society that while 90% of those who punished and get jailed by the state machinery are innocent or pushed into criminal stream by circumstances, about 90% of the offenders of law and criminals under some statute or other go scot-free and found roaming at large like gentlemen in our midst.

Gay relationship is sought to be justified and lawfully permitted in some western countries. The day is not far off when it is legally practiced and accepted by modern societies. After all any form of pleasure should be permitted with moderation i.e. within reasonable limits and without forcing any individual against his or her will and consent!
Note: This article is sent to some Newspapers

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