Homosexuality and the section 377 of IPC
March 29th, 2007
Sabarinath Bahuleyan argues why we need to retain section 377 of Indian Penal Code,
Many countries have declared homosexuality legal. But would we repeal Section 377 ? No government would dare to say “yes”. There are a lot of social, religious and above all psychological problems that will crop up if the law is repealed. Let us watch closely our home state-Kerala.
A recent study done by the Malayala Manorama on the case of missing children divulged strange conclusions. It brought into light the activities of many sex rackets in the state, especially in the northern parts of Kerala. Their activities included kidnapping children below the age of fifteen and supplying them to clients. The children are drugged before indulging in sex. The children loose their mental rhythm and become drug addicts. Many of these children abducted in their early teens never reach their homes. In the process they transform into agents. This is the state when the law against homosexuality holds. Just imagine a condition if the law is repeated. It is unimaginable.
I agree with the author. Even with this section in place, life in north kerala is difficult. This is worse in Kozhikkode and Malappuram where the “male sexual harassment” is widespread. Another problem is that society in general don’t care about “male sexual harassment”.
Sometime back one of my friends had to halt in Kozhikkode. He had missed the last train and decided to take a bed on rent at the dormitory nearby. He had a very bad in the night with lot of gays approaching him throughout the night with sexual intent. He is yet to recover from the terror!
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March 29th, 2007 at 8:49 pm
So would you support a law banning heterosexual relationship in the pretext of preventing female sexual harassment? Sexual harassment and child trafficking are crimes and it should be dealt separately by the law and order system. A law against homosexuality does nothing to prevent that.
March 29th, 2007 at 8:57 pm
Kuttan, I consider homosexuality as a psychological disorder which requires medical intervention. Hence legalizing it or actively promoting it is not a good idea.
March 30th, 2007 at 12:13 pm
KT
Pedophelia and Homosexuality are two different things. It seems to me that you consider the both as same.
March 30th, 2007 at 10:20 pm
The world of blogging has opened up a whole new world….an avenue for people to publicize their ignorant beliefs. With all due respect, sir, please get your facts right before you write ! As the previous poster has pointed out, homosexuality and pedophilia are entirely different. And whether a person with a different orientation, chooses to live with it or get himself/herself “cured (as you claim possible), is totally a personal choice. Not for the public to decry.
March 31st, 2007 at 3:09 pm
First of all I didn’t write the piece, but just pointed out a blog post on the issue. I am all for personal choice and freedom, but we should be careful before we change our existing laws.
We live in a society where even heterosexual relationship is a sin unless accompanied by a marriage certificate!
May 2nd, 2007 at 6:56 am
Hi keralatips,
First of all, thanks for starting a discussion on this topic which itself is a great milestone. Homosexuality is not a mental desease but its true that gay people are more prone to depression and anxiety due to social pressures they face. Loving another human being of same-sex is not a desease or crime. Modern pshychology views homosexuality as a variation similar to being left-handed. Since its not a desease, it cannot be “cured”.
Sexual harassment and child-abuse are crimes irrespective of whether its committed by homosexuals of heterosexuals. Consenting sex between adults is a totally different story.
I would encourage everyone to visit this website where many of India’s intellectuals and cultural leaders have singed a petition to repeal IPC377. That includes Dr. Marthya Sen and Arundhati Roy:
URL : http://www.openletter377.com/
May 7th, 2007 at 6:48 am
Equating Homosexuality and Pedophelia is insance. They are two different issues and just because people dont know the difference between these two, they should make sweeping statements. Neither Homosexuality is a physological disorder nor it is a choice people make. The so called medical intervention is a myth and aversion therapy is a human right violation.
Any kinda child abuse must be condemned and strong action must be taken against those who indulge in those acts. No matter who they are.
Perhaps we all can educate ourselves in these subjects and work towards betterment of our country and the region.
There is no place for ancient laws like IPC377 which came thru British law when its not applicable in Britain as of today. Social progression must be made in repealing those ancient laws that dont make any sense.
May 7th, 2007 at 7:22 pm
It is interesting how people use pedophilia do justify their views against homosexuality. I wonder if those same people think heterosexuality is a crime and should be made illegal everytime they read a report of girl child abuse (which is the most prevalent form of abuse - and I am not just speaking of child marriages).
Science based modern psychology regards homosexuality as a normal variation within the population, and as per the psychiatry textbooks it is not considered a disease. Yet, we have people ignorant of this fact who would want to criminalize it, based on their religious beliefs of right and wrong (incidentally the British laws were largely motivated by the Christian view of homosexuality).
Section 377 is ironical because the British themselves have repealed its counterpart in UK, which even has equal right benefits and allows gay couples to enter into civil partnerships similar to marriage.
Any persons who think that that an act of love between two single consenting mature adults is something they have a right to demonize and punish, should ask themselves if they have their values right.
July 15th, 2007 at 5:48 pm
It is not just about the biological need with a variation of some difference in preferance,an act of homosexuality is not a criminal act,but can culminate into any unnatural or unavoidable offence on the mankind,it is a mental disorder because it is abrogating the natural parlance of hetrosexual mating which results into proliferation of the human being.
Psychiatrists had been arguing and the debate is still on over the crystallization of the conviction of rapists.it is advocated to be a mental sickness that is out an urge or need ,but still it can never be accepted by a civilized society .otherwise someday some wise souls will try to defend incest nuder the garb of mental sickness and human liberty.
November 1st, 2007 at 4:08 pm
Dear all,
The linkage of homosexuality with crime is a very old one. But as today, we ourselves started to talk about ourselves, this is changing. The erstwhile discriptions of homosexuality was written by heterosexual people. When we look at child sexual abuse, most number of cases are hetero sexual abuses, and done within the family. Is there a law which protects the child’s rights? Section 377 is not enough to deal with child abuse. That is the reason why the child rightts groups are asking for a repeal of section 377. It not only criminalises gay people, but it does not cover the sexual harassment and sexual abuse.
I donot need a psychaiatrist to fix me, as I am not broken. And we are there everywhere in kerala, we are out, unlike the early depictions of a guilty ‘homosexual’, we are quite happy to be gay and we are creating a history. I am not asking for sympathy, but it is a historical necessity that section 377 should be repealed. If not today, then tomorrow.