A judicious, situational and factual analysis
The Supreme Court of India turned down high court (HC)
judgment on consented homosexuality. Hence, article 377 is in limelight.
Supreme Court (SC) judgment gave a big space for debate on this issue. Indian conditions
support SC judgment under current situation. In future, it may, but situation is not ripe
for any change in 377 at present. Health, social, cultural and natural facts, and
situations don’t permit any interference in it as of now. Article 377 protects
our culture, moral, natural sexual habit, and keeps generation going.
Naz Foundation, a Non Governmental Organization (NGO)
in a Public Interest Litigation, challenged the constitutional validity of Section 377 of
the Indian Penal Code, 1860 (IPC), which criminally penalizes what is described
as “unnatural offences”, to the extent that the said provision criminalizes
consensual sexual acts between adults in private.
The challenge is founded on the plea that Section 377
IPC, on account of it covering sexual acts between consenting adults in private
infringes the fundamental rights guaranteed under Articles 14, 15, 19 & 21
of the Constitution of India. Limiting their plea, the petitioners submit that
Section 377 IPC should apply only to non-consensual penile non-vaginal sex and
penile non- vaginal sex involving minors
Article 377 says Unnatural Offences - 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 ten years,
and shall also be liable to fine.
The
Delhi High Court passed a landmark judgment holding Section 377 to be violative
of Articles 21, 14 and 15 of the Constitution, insofar as it criminalised
consensual sexual acts of adults in private. Hence writ petition was allowed on
July 7, 2009.
In an
appeal, SC in its judgment on December 11, 2013 allowed appeal and set aside
the HC judgement. This pronouncement brought 377 into debate. This issue
affects and associates with our social, cultural, biological (medical) and
political sentiments. Hence, both supporters and opponents are giving their own
logic to prove their cases.
Political
classes are divided. Congress supports
it. Congress president Sonia
Gandhi said in a statement,
in a rare reaction to a court order “I am disappointed that the Supreme Court
has reversed the previous High Court ruling on the issue of gay rights. The
High Court had wisely removed an archaic, repressive and unjust law that
infringed on the basic human rights enshrined in our constitution”.
After keeping mum on
the issue for some time, BJP cleared its stand on it. In an interview to The
Telegraph, BJP President Rajnath Singh said, "We will state (at an
all-party meeting if it is called) that we support Section 377 because we
believe that homosexuality is an unnatural act and cannot be supported."
Newly formed Aam Admi Party has opposed the SC judgement. The
Samajwadi Party has made it clear that it will oppose any amendments to Section
377 if it comes in Parliament for discussion. Party leader Ram Gopal Yadav
said, "Homosexuality is unethical and immoral, it is against the culture
of the country and we will fight it."
A blog “The spark and the blame” has given medical and moral
reasons against same-sex practice. There is substantial evidence that
homosexual practice is harmful. A few are summarised below.
Promiscuity and short-short term relationship: homosexual
behaviour involves what a writer called “an almost compulsive promiscuity.” 75
% of homosexual men have had more than 100 partners in their lifetime, most of
them strangers. A Los Angeles study found that male homo averaged over 20
partners a year. Lastly, only 7-8% of homosexual men and women have ever had
relationships lasting more than three years. This differs vastly from
heterosexual practice. As Schmidt writes “Promiscuity among homo is not a mere
stereotype, and it is not merely the majority experience- it is virtually the
only experience.”
Increase incidence of drug use: researchers report higher
rates for drug and alcohol abuse among same-sex practicing. They are more likely to use marijuana (89% vs
2% of hetero), cocaine (50% vs6% of hetero), and poppers (72% vs 2% of hetero).
Another Boston study from 1985-88 supports above facts.
Physical
damage and complications: men and women bodies are designed for sexual
intercourse with each other in a way that men bodies are simply not designed
for sex with other men and the consequences are often physically traumatic. As
a result, practising homosexuals are at greater risk of prostate damage, ulcers
and ruptures, and chronic incontinence (Schimidt118)
Sexually transmitted diseases and AIDS: Besides physical
trauma, many viral and non-viral infections trouble the homosexual populations.
Non AIDS diseases include amebiasis, syphilis and hepatitis B (65% of homo men)
affects badly. The 75% STD incidents
rate among homo is remarkable. This is to say little of the AIDS epidemic to
which homo men are especially vulnerable. A Canadian study found that half of
people living with AIDS are homosexual men.
Lower life expectancy: As a consequence of these medial
issues especially the AIDS epidemic, homo men have a life expectancy that is
significantly lower than heterosexual men. One Canadian study acknowledges it.
Increased incidence of mental illness, depression and
suicide: homosexuals suffer from a severely higher incidence of some types of
mental illness, especially depression and suicide. Schmidt finds that 40% of
homo men have a history of major depressive disorder compared to 3% of men
generally.
Dr. John R Diggs, Jr. in his write-up ‘The Health Risks of
Gay Sex’ has cautioned the youth. He says it is clear that there are serious
medical consequences to same-sex behaviour. Identification with a gay, lesbian
and bisexual community appears to lead to an increase in promiscuity, which in
turn leads to a myriad of STD and even early death.
Social impacts of
homosexuality are not good. Domestic
violence, child molestation are more common in homosexuals than in
heterosexuals, even children of lesbian or gay parents are also sensitive to complex
sexual behaviour . On academic ground too they are not at par with their
heterosexual counterparts.
One can say that this problem is due to their discrimination
with heterosexuals in society but these facts are reported from places where gay
marriages are legal like in Netherland and Sanfransisco. Most important thing
is that it disturbs the basic building block of society i.e. family. Homosexuality
has become a major force that tears down society and harms our culture.
There is a misconception that being gay is an innate characteristic
which cannot be changed but researches shown that there are abundant cases
where this sexual orientation is changed by appropriate psychological treatment
and also with the support and ethical guidance. If something affirm their
homosexual behaviour, there are few chances that they could ever overcome from
there complex sexual orientations.
It is also important to mention the fact that everything is
not permitted in the name of freedom of rights. Youth should be warned of the
undeniable health risks associated with a homosexual lifestyle. Worldwide scenario reveals that while fifteen countries have legalized gay marriage and another three allow it in some areas, homosexuals remain persecuted in many parts of the world.
India is well cherished democratic country. Most of the
decisions are taken on majority basis. Roughly a gay population is estimated about
25 lakh. Amending law 377 IPC for a big minority is against the concept of democratic
wishes. If it is done, then it will disquiet the majority 99 %. It will
infringe in their moral, social, political and bio- medical sentiments and
ethics directly or indirectly.
The highest Indian Court has
favoured status quo. This complex issue is getting fast favour to amending it. It
is assisted by the spill over effects of the developments worldwide on this. Inspite
of all supportive progress on this matter, our SC sees that all ground
realities are not favouring it in current Indian situations.
Therefore, it
maintained the originality of 377. Social, political, moral, physical and
medical grounds are not ripe for any change in judicious evaluation. Hence, now
it is left to our public leaders to assess the situation and act accordingly by
a legislative step.
Heera Lal(Views are personal and based
on different sources )
Ref:
23. http://indiatoday.intoday.in/story/gay-population-25-lakh-7-per-cent-hiv-infected-govt/1/177647.html
24. http://timesofindia.indiatimes.com/india/Gay-sex-remains-illegal-as-Supreme-Court-refuses-to-review-ruling/articleshow/29515452.cms
15http://timesofindia.indiatimes.com/world/uk/Gay-couples-marry-for-first-time-in-England-and-Wales/articleshow/32912562.cms
16http://timesofindia.indiatimes.com/home/stoi/all-that-matters/Indian-men-are-having-a-tough-time-dealing-with-the-sexual-revolution/articleshow/32939321.cms
15http://timesofindia.indiatimes.com/world/uk/Gay-couples-marry-for-first-time-in-England-and-Wales/articleshow/32912562.cms
16http://timesofindia.indiatimes.com/home/stoi/all-that-matters/Indian-men-are-having-a-tough-time-dealing-with-the-sexual-revolution/articleshow/32939321.cms
No comments:
Post a Comment