Section 377 and the Gays


A bearded man having anal sex with a beardless...

Image via Wikipedia

As the debate on the issue of same sex heated up, the Government’s stand on it had the twitter abuzz. Committing one faux pas after another, the Home Ministry tied itself into knots. The topic at hand was the decriminalization of Gay sex. Now, I am neither for gay sex nor am I against it. But categorizing something as a criminal act in constitution is a serious issue. Because if that is the case then from what the statistics say, a large population of India should be behind bars.

The most common argument that everyone gives against same sex is that it is unnatural and against the social order. They further add that it is not found in nature. There are two things wrong with this argument.The first and the foremost is that same sex is not unnatural. One of the recent public example is the case of two male Penguins in the Central Park Zoo who couldn’t care less for the females around them. And it is not that those Penguins were an exception. Gay sex has been observed in about 1500 species. The Bonobo Apes are largely bisexual with hetrosexuals being the ones in minority. The second flaw in the argument is the suggestion that one should or should not do something, based on whether the animals are doing it or not. What is the point of our highly developed brain then, that is capable of rational thinking? And if aping the animals is what we should do, then why don’t we start with marking territories by pissing anywhere and everywhere and fighting till death with anyone who dares to encroach. Oh! Wait. I am sorry, we already do all that.

A Painting from the Mughal era

The second most common argument against Gays is that it was never there in Indian culture and is a curse from the Western World. Sigh…prepare to be bored fellas, because now I am going to deliver a History lecture. The history of same sex relations are as old as the history of man. The four ancient cultures practised same sex and it was common.There is art full of paintings depicting bisexuality in India.

And the image of a Gay guy as a sissy lady boy the Hindi movies love to portray isn’t very close to the truth either. The Spartans practised gay sex and considered sexual relation with a woman unclean. And when they got married, the bride shaved her head and wore an armour just to ease the transaction of her man into a life of heterosexuality. And I can assure you, if you had the balls to call a Spartan sissy, he would have giving you a sex change operation then and there, without any anaesthesia. I am sure, most of you saw 300.

Discussing your sexuality, wasn’t such a taboo subject before the British came to rule us. Even the Court pointed out that the so called “unnatural sex” was not illegal before that. It was only in 1860 when that law was made. A couple years back, I remember visiting the Khajuraho Temples. And I was amazed to witness how open our ancestors were. The carvings depict all types of amorous activities. From regular to what our law describes as unnatural, including and not restricted to Same Sex, Fellatio and Bestiality. We Indians saw it as an art and that is why we wrote a whole manuscript on it. A “How to” manual more like it.

I fail to understand the reason behind this Homophobia. Section 377 of the Indian Penal Codesays that Homosexuality is criminal. But as the Supreme

The sculpture from a temple in Khajuraho depicts two men...errr...greeting each other in a rather different way.

Court pointed out and I quote “There are three ingredients that must combine for purpose of constituting an offence. Without a complainant and accused, how can there be an offence?”

I do not know whether it is right or not. I do not wish to take a moral ground to oppose it. I may not believe in their views but I believe that they have a right to choose. And I do know, that something that happens between two adults after mutual consent can not be called criminal unless and until it harms the society. And again it beats me how two men(or women) sleeping together in their house, would harm the society. They may be your neighbours and you would never know, till they tell you.

Gays are and will always be there. It is not an illness and no Baba Ramdev can cure it. That man, to be frank, is just an over-hyped salesman. But, I am sorry, I digress. Anyway, bringing them into the midst would mean better control over the spread of venereal diseases and it would bring to light other issues that may plague them. It would make kids more accepting of children who have been adopted by Gay couples. What are we afraid of? The way I see it, people who are unsure about their own sexuality will protest the strongest against the decriminalization of gay sex.

The Homosexuals are not some alien race out to devour us. They are humans and who they sleep with is their own private matter. As long as they are good human beings and do their part for the society it should not bother anyone.

And anyway, we are a population of more than a billion and growing. A few extra queers, might actually do us some good.

Comments
40 Responses to “Section 377 and the Gays”
  1. zephyr says:

    That was a very mature and well argued case for gay sex. It really is shocking to see the hypocritical attitude of the government which sees nothing wrong in letting go of actual criminals, terrorists and economic offenders while choosing to make this a criminal offence. The last line clinched the argument if nothing else did!

    • snowleopard says:

      The arguments that the Government council gave had so many loop holes. At least they should have checked the facts first.
      And you are right. There are so many criminals roaming around and some are even, and I am sorry to say, elected MLAs but the Government wants to play the Big Nanny

  2. DEEPAK KARTHIK says:

    “” The Homosexuals are not some alien race out to devour us. They are humans and who they sleep with is their own private matter. As long as they are good human beings and do their part for the society it should not bother anyone. “”

    Well said… everyone has right to do what they like to.
    For one reason i support GAY things, already we have very low sex ratio, by this thing, it will reduce the competition of finding a BRIDE.

    India has multiple faces, Most of the parts are not aware of what you and me know. if you like a man if u love a man, is that necessary to sleep with him ?
    If a whole generation of 18th and 19th century had done like that, will we be here ???

    can a man and man or a women and women make a child ?(without help of science)
    Then how it could be a NATURAL thing ? i am not sure whether i am right or not. i shared what i felt
    GREAT INSIGHTFUL POST THAT EVER JUDGE SHOULD READ!

    Dee

    • snowleopard says:

      You say that if a man loves a man then it is not necessary that they should sleep together.
      Tell me what is the problem with it? If they wish to, let them. I have no issues as long as they do not try and drag me inside. How would you feel if I told you that you have to always maintain a distance of 10 metres from your lover/wife/girlfriend?
      And like I have said that it is there in many other species. But it is not that the whole species is gay. Maybe it is natures way to ensure that the population growth of these species doesn’t go out of control.

      • DEEPAK KARTHIK says:

        Homosexuality is not a problem for me and honestly they will not be a problem for anyone in society.
        I personally appreciate it have our population in control and there are some deficiency in our sex ration, so at that time these things will help and imagine what if this whole world turns gay and lesbian ?
        There are some hypocrites and also so called crusaders of homosexuality.
        Hypocrites acts a if they are pure soul and the so called crusaders acts as if they are the discoverers of homosexuality.

  3. Sapna says:

    Very well-written Patty. Kudos!

    Wish we had a Government at least half as rational šŸ˜

  4. Ruchira says:

    Brilliantly written, with very rational and intelligent reasoning. I hate this atitude of homosexuality as being a western concept – Really our hypocritical govt needs to go up to Khajuraho and see some of the scriptures there !

  5. D2 says:

    I do hope the idiot monkeys in power read this post of yours. They might learn a thing or two. But asking stubborn vote machines to accept it is another story. I do hope that the Russel Peters-esque line gets to them, at least!

    Excellent post to silence some hypocrites.

    • snowleopard says:

      You know I would have accepted it if the Government Council had just stood up and said, “We are against the decriminalization of Section 377, because we hate Gays. Neither do we understand them nor do we wish to and I wish they had all been sent to Concentration Camps during the last world war.”
      Because seriously, that is their attitude. At least then he would be telling the truth.

  6. BhavanaDiary says:

    WOW very nicely written Snow šŸ™‚
    I strongly believe that “What goes on in a private bedroom between consenting adults is no business of any society or strangers or state!

    • snowleopard says:

      True. But we have this habit of nosing around into what the other is doing.

      • BhavanaDiary says:

        It is time to show their rightful place for such people. I would literally give them properly if anyone tries to poke their dirty nose into my personal life! šŸ™‚ People should start being assertive.

  7. Kartikay says:

    Funny how everyone supports pro-homosexual laws but are shit scared to break their stereotypes.

    Nice post, Mr. Kitten.

  8. An awesome read Snow. Very well articulated, sarcastic and to the point.

  9. Face says:

    I absolutely agree with every part or that. Yes, homosexuality is every bit as natural as heterosexuality and the current attitude of viewing it as an aberration is indeed an extension of rather skewed Victorian morals that have managed to permeate the world.

    • snowleopard says:

      Sexuality was never a Taboo subject. The Indian society was quite open. It became after the English forced their own morals on us.
      And it is because of this that the spread of diseases like HIV remained unchecked because people never came out to discuss.

  10. Pzes says:

    Very interesting post Cub, but Baba Ramdev can cure anything! šŸ˜€

  11. Rahul says:

    Good..really good. But any improvement in the situation seems doubtful..

  12. Purba says:

    How are we, as a society any different. If someone calls us gay, we bristle with indignation. A boy with feminine traits has to deal with”Oh you are so gay” comments.

    Babus with their medieval mindsets on homosexuality is not surprising. But the gay community still has to battle with misconceptions. Landlords treat them as a pariah, society treats them with ridicule. We still have a long way to go.

    Now that I am done with arguing, let me applaud your mature, well though out write-up. Well done Snow!

    • snowleopard says:

      We are not. We make fun of whoever is different. But we are different in the way, that we are willing to accept them. Tell me, even if we make fun of Gays in private or laugh at some of their traits, will you go out on the streets on a witch hunt? I know you won’t.
      There is a thin line that divides having fun by pulling someone’s leg and being racist, and I know sometimes we cross that line, but not on purpose like the anti-gay activists.
      And pulling someone’s leg can be a healthy way to get them in the crowd. We just have to be accept that their choice is a bit different than ours.
      I am sure, most of these Babus will have no problem regarding morality if you show them a Lesbian video.
      Thanks for the appreciation. šŸ™‚

  13. how many of us think rationally. our thought process is always influenced by others. and then u have fear of society.

    very well written, profound.

  14. KayEm says:

    I’m glad I’m reading so many posts defending the gays. One of the things I’ve come to know about them is that their realtionships with their partners are as loving as so called “straight” relationships. And yet, everyone keeps harping on their sexuality. Imagine for a moment if everytime someone discusses you, they talked only of your sexuality. What I mean is, there is more to them than just sexuality. And that is what we, as “ordinary people” in their lives, should be thinking of and relating to – their human side. Their sexuality, like yours, is a private matter between two partners.

  15. Rajlakshmi says:

    I would iterate what every one said… very mature and well written post šŸ™‚

  16. Blogwati Gee says:

    Very relevant and to the point. You’ve maintained a non biased viewpoint and placed arguments with apt examples. Truly what happened behind closed doors in the privacy of anyone’s bedroom is nobody’s business. If the government were to intervene in all and sundry…….we’d no longer be a country with a rich historical past, but with one with a variety of skeletons across closets.

  17. Cool, and balanced post.
    The govt’s attitude is ancient, and stubbornly blind to reason and facts. but that extends to all the moral, ethical and religious debates they are dealing with. thank god, judiciary still has some sanity left in it. What’s most outrageous is their complete disregard to history and sociology of india which stares them in the face in form of statues all over india and well-established texts.

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