Millions of Indians perhaps Criminals, perhaps majority of adults

According to a decision of the Supreme Court of India yesterday, millions of Indians, perhaps the majority of them who have engaged in sexual activity are serious criminals deserving sentences of around ten years in Jail. This criminality arises from the way sexual intercourse of certain types is regarded in Indian law due to a section called section 377

This criminality would continue unless the following amendment is made to section 377. Indian law makers have not bothered to make the amendment for 150 years or so, ever since it was introduced. A High court judge who ruled against it was overruled by the Supreme court of India yesterday, restoring the criminality.

Needed Amendment of section 377:

An act of carnal intercourse between two consenting adults, even if it is not penile vaginal intercourse, shall not be regarded as against the order of nature but merely as recognition of the diversity of nature. In either case it shall not be deemed to be criminal conduct punishable by law.

If the act is not by consent it is or should be covered by other laws such as Rape , sexual and physical assault. if it is not in private it is covered by other obscenity laws already and need not to be a part of the wording here.

Such an amendment will once again make all heterosexuals and married couples who have engaged in oral sex even once in their life times as non-criminals. Otherwise it seems they are criminals deserving ten years in jail, convicted or not, found out or not as per Indian Law. It will also prevent categorizing millions of others such as transgender and gays (LGBT) being criminals because of their condition at birth. 

As per law now even if it is an act of love of the type it is criminal. It must be recognised that Love is the best definition of what is good in Nature next to truth and it is violence and imposition by force or inducement that is against the order of Nature next to lies..

In the absence of such an amendment perhaps more than half of India are criminals deserving a sentence of around ten years in prison, whether convicted or not.

Please do note, it is not extensive sexual intercourse one is talking of here. Mere momentary or inadvertent penetration that is not vaginal is sufficient to get you ten years in jail. It is something that may have happened once in the lives of all married persons who sleep together. All such are criminals. If they are not found out they can live with the guilt that they are criminals in hiding of the act and further of hiding it and suppressing evidence perhaps.

Further, self respect is even more important than social respect and a person hiding from the law compromises or loses that in very many cases. A person who has lost social respect can change society or live in a forest but one who loses self respect has no escape. In any case once a criminal in hiding one may be encouraged to take up the breaking of more laws since the pot (or perhaps the booty in this case) is already black. Perhaps that is why moral and financial corruption is so widespread and hypocrisy so rampant in modern India.

My personal view is that anal or oral intercourse is far less healthy and far more unhygienic than vaginal intercourse and therefore less desirable. It also exposes such persons to the possibility of grave physical damage. The human body has not been designed for it. I also believe that persons of LGBT orientations can interact sexually even without this form of sexual intercourse. However, I firmly hold that those who do must not be regarded as criminals and held to be as such. They are merely being human in the way that they are oriented often by birth and therefore to hold them criminally responsible is the height of human injustice. From a spiritual point of view I further believe as mentioned in many other posts that all sexual interactions except those for procreation are a hindrance to spiritual development. Admittedly it is something that is difficult to overcome. However those sexual indulgences that are a part of romantic love are less damaging than those merely for satisfaction of lust.

Questions of what is desirable or undesirable, religious or non-religious should be separated from what is criminal or non-criminal in order to understand it clearly. Mixing the two issues confounds and confuses it. The former are questions of culture and society, the latter of law alone.

Did someone say that the law is an Ass? Not sure about that but sure that very many Indians, millions and millions of them are criminals as the law now stands.In either case, this is more about an Ass with an R and a hole in it :)


Vincent said…
I immediately thought of the Kama Sutra, and discovered that Soutik Biswas, of BBC News India, has made the same connection, saying “The Kama Sutra, by contrast, is ‘entirely non-judgemental in its description of men who have oral sex with other men’.”
ashok said…
True Vincent, the present legal standpoint is around a century and a half old. My personal view on oral sex has been added as an update after your comment , as a quote within the post in different color. Please add your view to that also in case you revisit.
The law is certainly an ass. Otherwise how can one explain such a judgement from India's Apex Court - sterile, senseless, stubborn & stupid. Even in Great Britain ( Indian law is fashioned on the outdated archaic Victorian British justice system) they have recently accorded legal status to Gay marriages. Times Man of the Year Pope Francis has stated : Who am I to pass judgement on the Gay community.They too are the children of God ( or something to that effect).
Vincent said…
What others do is their affair, and doesn’t need my opinion. That’s my view.

I don’t like the idea of gay marriage, but that is purely for linguistic reasons. When Government changes the meaning of words to that extent, we are in the realm of Orwell’s 1984, which did just that. Great Britain (not forgetting Northern Ireland) has recently had gay marriage undemocratically foisted upon us. We already had civil partnerships blessed by law, which was gay marriage in all but name. There were many objections to that, but the government of the day promised that it would stop there. As we now see, that promise was broken.

So children in compulsory sex lessons will learn that when it comes to marriage, your choice is not restricted to the opposite sex. But then, they may already have two daddies or two mummies.

It was easier to understand when we were children.
ashok said…
Can not agree with you more Ramu. Teh state of the legal codes in India is dismal as so many other things, a real governance deficit.
ashok said…
Agree with you completely Vincent and I too think the name Gay marriage is ridiculous, that is poaching on territory that belongs to other. The Gay community should have invented their own terminology or stuck to civil union.
Calling the ISBT community as "Gay" is in itself demeaning & derogatory.
Like "disabled" has now become "differently abled" perhaps "Gays" can be redefined as "differently sex oriented".
ashok said…
that terminology has been preferred by the community perhaps Ramu because they do use it freely but I agree that there can be better ones. The historical ones were derogatory, do not wish to mention them here though :)
Vincent said…
This comment has been removed by the author.
ashok said…
Vincent, I thought the slang for Pakistani was Paki. Humans have an unkind streak and tend to make up derogatory names for minorities everywhere perhaps.
Vincent said…
Right, Ashok. Apologies for deleting my last comment, I was just ranting on about use of language.
ashok said…
That was a useful comment though Vincent, pity it has gone

with so many South Asians in your neighborhood their probabaly is a South Asian Restaurant too with very hot food.
ashok said…
By the way Vincent, aside from this blog, where is your book at?
Vincent said…
There are many such restaurants round here.

As for the book, the short answer is that I still intend to publish but there is lots of editing and revision to do.
ashok said…
All the best for your book Vincent. Dont be too careful especially if you publish with create space. One can submit revisions later very easily while the book gets on to search engines.
Vincent said…
Thanks, Ashok. I decided against CreateSpace, as it involves complicated US tax registration/exemption; and I've moved away from the e-book idea too, at least till a paper version is published. But that's a long way ahead. Not just talking of minor edits!
ashok said…
A paper version is the way to go Vincent. Look forward to it whenever you get there.

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