Should same gender sex be criminalized?
Should same gender sex be criminalized?
After the Supreme Court verdict criminalizing homosexuality, a section of society especially LGBT community has opposed it. The court has asked the parliament to bring in amendments to section 377 of IPC to decriminalize consensual sex between homosexuals. But this has raised a valid debate about homosexuality in our society. Lets see if it should be criminalized or not:-
For
1. Homosexuality in context of Indian society, has never been acceptable. So, criminalizing it is favorable for Indian society and its culture.
2. If homosexuality will not be banned, it will provoke a lot of young people to follow the trend of being a gay or lesbian inspite of them being physically normal.
3. The judgement of Supreme Court is based on the fact that the homosexuals form a very small part of the society. So, for them the whole society can’t be put at stake.
4. In a country like India, legalizing homosexuality can produce a lot of troubles especially in crime. It could lead to same gender sexual offences.
5. A lot of religious groups’ sentiment will be hurt if this decision is revoked and in India, where a lot of religions and cultures perspire we can’t afford that.
Against
1. The view of Supreme Court that same gender sex is “unnatural” is in itself outdated and is rooted in the orthodox mentality of Indian society.
2. Criminalizing homosexuality is against the concept of fundamental rights of constitution, which can’t be infringed at any cost.
3. This decision is a great injustice to the people who are physically bound to be a homosexual by birth;without their choice.
4. Even in Indian mythological history. We see traces of homosexuality. So banning it by advocating the culture of the nation is contradictory.
5. This decision raises question if law should control the sexual orientation of one’s body.
Conclusion
Criminalization of homosexuality should not be completely banned by any law because this would be unfair to congenital homosexuals. But before revoking the ban, the government needs to analyse the pros and cons of the decision so that it does not create an imbalance in a society like India.
Discussion
- RE: Should same gender sex be criminalized? -Sona Verma (07/27/16)
- from my point of view criminilizing the homosexuality is not a good option.india is a democratic country. in india each and every one have their rights. so if we snatch their rights form them than it will be a violation of the fundamentals righrs provided by the indian constituion . acc to our cons. each and every one is eauala man or woman can make their choices whetere is a lasbian or gay he can do sex with anyone with his ./ her consent. we should not go to his / her private life.we are not living in the era of 19th century this is 21st centruy we should come and accept some things . ikonw this is notgood for the indian culture but we should think about the other side of the coin about these peoples.
- RE: Should same gender sex be criminalized? -Rishika Jalan (04/26/14)
- I strongly oppose the statement of criminalizing same gender sex. It is unfortunate that a developing and modern country like India with all its potential for achieving greatness and competitiveness has decided to criminalize same gender sex. People’s sexual orientation is their individual nature and is not out of will. It constitutes their rights as free individuals and humans as no one creates himself or herself as homosexual or heterosexual. The sexual pattern of an individual is by birth and thus all types should be universally accepted. To love and to be loved is the most beautiful feeling in the world and the law should not control this for anyone. Religions should respect individual needs and desires and should accept everyone as they are. By criminalizing such a thing it is being unfair to people. Rather than banning the same gender sex and homosexuality, the law should think of better ways to make it acceptable in the Indian society.
