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 :)