5. In India, Section 377 of the IPC was introduced not as a reflection of existing Indian values and traditions, but rather, it was imposed upon Indian society due to the moral values of the colonisers. Indian society prior to enactment of the IPC had a much greater tolerance of homosexuality. Comment.
- IASbaba
- August 29, 2016
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Comments :
Gandharvas,yakshas etc were terms not only familiar in ancient indian society but were highly regarded and respected too.Vedas,Art forms depicted in various temples like Khajuraho explicitly point towards the fact.Then came the colonial rule and victorian era where homosexuality was considered as unconventional and immoral leading to enactment of Section 377.Slowly the connections with past got loosened up and people got moulded as per colonial sanctions.
Despite many western countries now supporting homosexuality,Indian society having stiffly bounded in colonial chains is not ready to witness,acknowledge and accept this rich ancient heritage of our past with broader mindset.While Delhi HC in 2013 took a step forward in Naz foundation case,it was reprived by honourable SC.
Today there is an increased tendency to refer to ancient texts and traditions to support moral policing and control daily chores(like protesting beef eating,restricting girls freedom).But it is sad irony that we are getting intolerant and neglecting a portion of our rich heritage.
With an improved rationality and open analytical minds ready to discuss,a better and equitable society can surely be dreamt of,a society dynamically linked with past and open to modernity.
Dear nadaanparinda
Stick to the main theme of the answer,you’ve deviated midway.
Start with current situation and then go on to historical facts to support your argument..
Keep practicing and goodluck
ok babaji 🙂
“Heterosexuality is not normal, it is just common” ……..Dorothy Parker
Section 377 of the IPC bans sexual intercourse against the order of nature. All other than the vaginal intercourse are considered as unnatural. This section is an archaic law, a colonial legacy.
The Indian society seemed to have better tolerance to homosexuality in the past before the British come to India, brought with them their moral and values. In many Hindu literary work, we can often find where Gods involved in such act of homosexuality, even though such acts are often considered purely ritualistic or have purpose other than sexual pleasure.
In Sangam literature, pedi is refered to as those born in intersex. Like wise in the famous Sangam period, characters of King Koperunchozan and Pisuranthaiyar are another example of same sex love.
When we talk about the Victorian moral, it advocated sexual restrain, low tolerance of crime and strict social conduct. One such sexual restrain is the concept of “sexual intercourse of natural order”. Section 377 of the IPC was enacted in 1860 during the Victorian era (1837 – 1901). Before its enactment there were no laws that banned homosexuality.
We can conclude that section 377 of IPC was as much foreign as the British, and there is no place of it in a progressive democracy where rights of every minorities are safe guarded.
(in my opinion) this is not essay, where u open with a statement. u could have used the statement in conclusion.
u could have added more points like on church having control on society and kajuraho..
your presentation and flow is good
4/10
Thanks, I was trying with new style of writing. Point noted
KINDLY REVIEW…
Dear prash
Better points are needed and you need to work on presentation!!! There’s no coherent flow of thought in the answer..
thanx babaji ..will surely work upon and improve…
Section 377 of the IPC is one of the various aspects of the legacy left by the colonisers in country. The western countries had a history of frowning upon homosexual behaviour, unlike ancient Indian culture which was accommodative of the practice. This can be substantiated by the following:
1. In Hindu mythology, Shiva bathes in the Yamuna and becomes a gopi so that he can participate in raas-leela with Krishna.
2. Lord Krishna, in his Mohini avatar, married Aravan , son of Arjuna and Ulupi
3. The Lord Maha-sastha, was born out of coupling of Shiva and Vishnu in his Mohini avtar
All such stories inculcated a tolerance for homosexuality in the Indian culture. But after the introduction of ‘modern values’ by the Britishers and the illegalisation of same-sex marriage, while labelling it as not ‘normal’ coupling, the larger portion of Indian society went against this concept too. Although several western countries have now adopted this concept to be normal, the Indian society has still not connected with its ancient culture which accepted homosexuality at par with heterosexuality.
Seeing all such aspects, there is a need to make the general society about the ‘normal’ nature of such sexual choices and make it easier for the judiciary and the administrative branch to expel the colonial rule of Section 377.
very good attempt and nice and unique points added.
u could have defined 377 and thrown somelight on church having control in west
5/10
Indian Penal Code which came into force in 1860 gave Section 370 which talked about decriminalizing homosexuality & other sexual activities against the “order of nature”. Such provision was justified by British as reflection of Indian morals & traditions which they didn’t want to disturb, and play upon. They want to earn respect & support of Indian orthodoxy where Section 377 played its role as wildcard. However, the actual reason behind such false generosity of British was their own values & morals which got culminated in IPC.
British since dark ages under influence of Church, and even after Renaissance had disenchanted “homosexuality”. They called it immoral, and unnatural, and those practicing as going against law of natural forces. It took British the year of 1967 when they legalized same sex marriages.
Indians however had long tradition of “homosexuality” and being tolerant towards such practice. Indian sculptures in Khajuraho temples made in 10th century, Konark temple in 13th century had images of gender unbiased intercourse. These temples were hugely popular in mainland, and imminent part of Indian heritage.
It’s however been 70 years since British left, but sovereign India has still not passed legislation to repeal the Section, neither Supreme Court has called it null & void. British are sure responsible for such Section, but contemporary times are also to be blamed for provision to continue.
Good answer!!
Very balanced answer,with good use of supporting facts..
Keep it up
Goodluck
brilliant ans, i wish i could write like u
Indian Penal Code which came into force in 1860 gave Section 370 which talked about decriminalizing homosexuality & other sexual activities against the “order of nature”.
I think it should be section 377 and criminalizing homosexuality. ( Please reply if I am wrong )
Rest of the answer looks excellent and balanced, though you could have talked about Indian scriptures
Thnq for review bhai.
Yeah, typing mistake 😛
And I wrote about scriptures of Khajuraho, Konark. Kindly see once again, :
p review
Arguments in favour of repealing section 377 are very weak,u need to provide more points there…
Handwriting and grammer needs to be worked on too..
Goodluck
Thank you Babaji 🙂
Please review
Section 377 of the IPC criminalizes those forms of sexual inter course which are against the order of the nature i.e. all those non-vaginal intercourse. The current legal framework of ‘against the order of nature’ is a western notion and has been brought to India to take curb the liberty existed in Indian society.
Various ancient texts reveal the fact that Indian society exhibited higher levels of tolerance towards LGBT.
Section 377 imposes jail term going up to life sentences for offences prescribed under it, whereas the ancient text Manu Smriti had prescribed for milder penalties like bathing in water with clothes on, eating the products of cow etc
Even the much celebrated text of Vatsayana i.e. Kamasutra, dedicated a complete chapter towards homosexuality and provides a recognition to this
Many such evidences provide the fact that Indian value system did not impose harsh sanctions against such sexual behaviour and it is only the obsession of colonial administration which corrupted the mindsets of Indian population
Though no one in India is convicted under Section 377 but the paradox is, the western nations are doing away with laws which criminalizes non-vaginal sexual behaviour but India is yet to take concrete action on this front
Dear ankith
Your points are very good,but the tone of answer is not balanced,its coming out as desperate to defend your culture..
Try to balance your answer…
Presentation and flow are very good…
Keep it up..
Goodluck
thank you Baba, would work on it
https://uploads.disquscdn.com/images/0fc220e5791dd436d7dc31a97f38322a698cef8f884065196e835b11ac83c0ba.jpg

Beautiful answer hulk.
please Review 🙂 ILP2 n 3 – Dee0527
Very good answer!!!!keep it up!!!!
Brilliantly written answer,definitely a 7 marker
Goodluck
Thank you Babaji.. will keep up the tempo! 🙂
answer:
Dear lokesh more points are needed to give historicity of acceptance!!!
Try to provide more facts in support of your stand
Goodluck
JYO0106
BABA and Friends please review, I am very new for this preparation, appeared for the first time, your review will be very helpful.
Ans.: Sections 377 of the Indian Penal Code highlight how the British left their stamp upon India’s criminal law in a manner entirely inconsistent with a democratic, constitutional republic. Parliament must take stock of the IPC for the first time in its 156-year history.
Section 377 embodies a form of colonial morality, drawn from Victorian England, famously repressed and repressive when it came to sex. It is this morality that is also the basis of Section 497 of the IPC, for instance, which punishes a man for adultery, but exempts the woman (who can be punished only as an “abettor”, and not as the primary offender), and Section 498, which punishes “enticing” a married woman. It is a morality that views women as the passive partners in a sexual relationship, led astray by unscrupulous men, and unable to take responsibility for their own actions.
Temple sculptures depicting group sex, oral sex and sex in every conceivable position was an indication of the permissiveness in Indian society. Supreme Court’s observation came as introduction of Section 377 in 1860 to punish gay sex was not a proper reflection of existing Indian values and traditions. “Rather it was imposed upon Indian society due to moral views of the colonizers.
You’ve focused more on the colonial and present times
You need to provide points in support of acceptance of homosexuality in ancient times and in our culture!!!
Not a bad answer for first timer!!!keep practicing and good luck for your preparation
please review
Section 377 of IPC is a British era law enacted to criminalize ”carnal intercourse against the order of nature”. It was a product of colonial minds according to which homosexual relationships were against their morals and religion. However, India known to be a “land of Kamasutra” has enough sources from the history which helps us understand that homosexual activities existed and even tolerated before the advent of this law. These sources are:-
1) Temple walls- Walls of the stone temples especially the pagodas of thanjore and Odisha and most prominently khajuraho of madhya pradesh depict range of homosexual acts , breaking all the established rules of nature and showing carnal intercourses between men and men, women and women, and even elephants with lions. Similar scenes can also be found on the walls of prayer halls and cave temples of jains and buddhists .
2) Scriptures – Hindu scriptures like Ramanaya by Valmiki, Padma purana and even Mahabharata have mentioned the existence of LGBT communities. Stories of women turning into men and men turning into women for sexual pleasures also find references in these scriptures.
3) Hindu law books- like Dharmashashtras have references but not approval to homosexual acts. Manusmriti on the other hand prescribes punishments for these acts indicating their non acceptance to certain level.
However, an overview of these sources suggests that homosexual activities considered against the law of nature by the britishers were prevalent in India. Their depiction on temple walls could indicate of their tolerance in indian society but its non approval and punishment in law books give us another side of the story. What matters is how we use these references to protect the rights of our LGBT communities in the modern India and not let section 377 marginalise them.
Please review
Hahaha..thanx Mayur! But koi to kami nikaalo .
Baba se darr lagta hai..:p
Hahaha!
Hi, I believe some points as to how it was the British moral that the government was implementing (as opposed to their claim) could have been included.
she has not addressed the main part of the question that is … it was imposed upon the Indian society due to the moral values of colonisers. half of the marks gone there only.
she has addressed, but should have written somewhat more. But a good answer anyways 🙂
Dear shernizad
Good categorization, flow is very good and easy to follow..
Try to mention current legal status as well..
Goodluck
Thanku baba, will do it.
Sherni ji, Accha likha hai aapne
But, there should have been somewhat more emphasis on non-acceptance of homosexuality by colonizers, could have mentioned about their believes (church believes), this could have made your answer a complete one.
But I am amazed with your extent of knowledge. Good – you seem to have good grip over the subject and history related to it and it is evident from your answer. Such answers cannot get less than 6 marks. Presentation added to the beauty of the answer.
Keep writing 🙂
Thanx Booo! Will note down ur point.:-)
Britisher’s beliefs regarding homosexuality and their moral superiority should have been discussed.There is no need to explain indian references in such an elaborate manner.You crossed word limit because of this.Conclusion could have been shorter.Please review mine.
Thanx tyrant. Gice me some time. Will review shortly 🙂
Section 377 was recently upheld by Supreme court has valid which criminalizes the Homosexuality. This law was held valid on the ground of sex against nature by the court. This has caused high intensity debates in the country on several grounds.
It shows the following of so called moral values taught by our colonial masters and western society who were influenced by Church and not any scientific arguments, but they themselves have changed and legalized the homosexuality in their countries.
Indian society was very open minded and had greater tolerance to homosexuality. These can be found in various instances like:-
-Homosexual relations of kings in ancient and medieval times.
-Kamasutra, a great book on sexual knowledge explaining about homosexual acts.
-Khajuraho sculptures which depicts homosexuality.
-India law giver Manu smriti also talks about punishment for such acts which are very mild.
We live in 21st century and laws made in 18th and 19th cannot be still in use. As humans evolve and transform so does the need for laws too. In certain things we need to move back to good old times and learn how tolerant and open minded we were compared to today.
Try to categorize into headings….it give more authenticity to the answer..rest is good
Goodluck
thnx babaji will do it from tomo. 🙂
lp3-id- rahu2901
plz review @iasbaba:disqus and give marks
hi all, please review
i am reviewing others as well
Please review 🙂
Dear sahil
Beautifully written answer with brilliant content.
Flow is very good, builds the idea systematically..
Keep it up
Goodluck
Thank you Babaji..Keep giving your blessings..
Optional Bhi review kar dena please..writing for first time..Thank you 🙂
very well presented 7/10
Please Review
Section 377- Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine
It was and is a model law in more ways than one.It was a colonial attempt to set standards of behaviour both to reform and protect the colonized from moral lapses reflecting British Judeo Christian values of that time.
Homosexuals were never persecuted in ancient India.While most societies have classified human beings into either male or female, Hindu society accepts their androgynous nature as well. This stems from the divine concept of ‘Ardhanarishvara’ – literally the Lord Who is Half Woman.
India never had the concept of something being aganist the order of nature , it was merely a western concept. The world has seen a sea change in attitudes towards homosexuality with many European countries acknowledging it.
India is envisioning itself as a global power, so its high time we discard this colonial law and embrace the thoughts of our ancestors and understand that sexuality is one’s personal choice.
thanks mayur will have a plan b too. and the culture part- i did some research 🙂
Sec377 of IPC:- whoever voluntarily involve in the carnal intercourse, against the “order of nature” with any men, women and animal, shall be punished.
Background:- 1860, lord Macaulay, introduced it, as homosexuality and intercourse against the order of nature, are condemned in the Bible.
Presence of homosexuality before colonial era:-
– Hindu mythology:- “ardhnarishver””mohini”carnation of lord shiva and lord Vishnu depicts trans gender,
– Vatsyana’s kamasutra:- a Sanskrit text on human sexual behaviour, contains chapters on homosexuality also.
– Khujraho temples:- various postures depict the homosexuality.
– Arthashastra:- mentions wide varieties of non-vaginal sexual practices, punishable BUT with lowest grade of fine.
So, it can be said that, ancient and medieval India was more advanced in terms of LGBT rights, than modern India.
Its repeal may leads for increase in child abuses and illegal sexual activities.
Therefore India needs a strong statutory backup for her third gender. Delhi HC’s orders in Naz foundation Vs govt of Delhi case, can be taken as base for humane amendment of sec377, where it calls for>> (a)decriminalization of sec377; (b) upheld the violation of fundamental rights (right to life, equality and discrimination against sex) inhumane; (c)demarcate consensual and non-consensual intercourse for the punishment against “order of nature”; and (d) remove homosexuality from mental disorder.
The first and second part are good…but in the last part I dont think there is a need for giving suggestions and giving ur view point directly…the question asks for comment and we need to remain neutral…plz correct me is I am wrong
you are absolutely correct !!
yes when directive is “comment”>> one should remain neutral about views……… thank u:)
Dear nazreen
Madster has correctly pointed out the shortcomings..
Work on them
Goodluck
yes sir!!
thank u:)
very precise and to the point. I wanted to include the cultural aspect but forgot about Ajanta and all. will note down 🙂
sure, dont knw much of culture 😉 check my answer too
Please review
ILP ID : Swat2901
Dear swati more points are needed in the answer!!!
Got to know that after reading other answers. Will add them. Thanks for review.
29Aug-Ans5:Please review, will review yours too..thanks 🙂 (ID:Sen0204)
Please review. Thank you
Good answer yanger ,keep it up!!
Thank you Sir. Trying to get better with your tips and advice.
kar0309
please review friends
please review
Dear vijay,
Focus more on the historical points..mentioning current issues in short is OK but not of this lenght..
Keep practicing and goodluck
kindly review……
Q5…Please review..
Dear surabh
Answer is good but your handwriting is making it difficult to read
Work on your handwriting
Goodluck
Thank you sir…will try my best to write clearly..
Section 377
377
Good answer,covers all the points…
Goodluck
Section 377 of IPC criminalises sexual intercourse against the order of nature, thereby criminalising sex between homosexuals.
Article 377 is a reflection of Victorian ideals that was present in Britain when IPC was formulated. It was imposition of Victorian ideals and morals on Indian society. India before enaction of 377 was tolerant to homosexuality and did not discriminate. There are many evidences in support of this:
1) Architectural evidences such as Khajuraho temple where sculptures on temple walls showing homosexual love making.
2) Vatsayana’s kamasutra has chapters on homosexual pleasures. Puranic texts mentioning Mohini Avatar of lord Vishnu is another symbolism of the same.
3) Even in medieval age homosexuals were employed in high offices and given responsibilities.. Malik Kafur was said to be an eunuch. Some even rose up to be Kings and rulers.
In Naz foudation case Delhi HC struck down Section 377 but later in Suresh Koushal case SC upheld validity of Section 377. But the court was open to legislature amending the section.
Section 377 violates Article 14 of constitution. It has no place in a progressive democracy like India. The law makers needs to take the step of amending the section and make India a safe society for LGBT community.
Your writing style is very good,very holistic
Beautifully written answer ,keep it up
Goodluck
Thanks a lot babaji 🙂
Very good answer.Comprehensive with a nice conclusion.Please review mine.
Pls review babaji my ans 5
Section 377 penalizes ‘sexual offences against the order of nature’. The repressive law part of the Indian Penal Code was drafted by the Colonial Government and is and reflects prevailing social and moral mores in Victorian England. This law is one of major abettors of discrimination against the LGBT community in India even while history provides ample evidence that the condition of this community wasn’t necessarily so marginalized.
While ancient Indian society didn’t openly approve of homosexuality the punishment for so wasn’t stringent at all as evident in the Hindu law book of Manu Smriti. Other notable aspects are:
–Detailed description of homosexuality and sanction for it in Vatsyayana’s erotic classical drama Kamasutra.
–The Rig Veda and ancient Indian temple sculptures depict depict sexual acts between women as revelations of a feminine world where sexuality was based on pleasure and fertility.
–Homosexuals had their own place in society- the ancient epic Mahabharata depicts Sikandi a hermaphrodite playing a key role in the victory of good over evil. Even in today’s society transgenders are considered auspicious and are invited for child naming ceremonies and marriages.
All these betray a more tolerable society in India towards homosexuals and the LGBT community as a whole. In contrast, homosexuals in medieval Europe were subjected to unspeakable horrors. Infact, ‘lack of morals’ was even cited as one of the justifications for the colonisation of India so the vast country could be brought up to par with “European values”. Thus, the law governing section 377 is a mere import without taking into account local culture and traditions.
Good answer.Conclusion could have been reduced.Please review mine
Please review .
I think your definition of 377 is not accurate. Conclusion could have been improved.
Yeah came to know after reading of others’ answers.Will improve.
My review ! ?
The body of your answer is good. However i feel you could’ve avoided repetition of the moral superiority point in both intro/conclusion. IMO I feel it would be better to end with that point rather than open with it as it gives better flow to the answer .
Keep writing ! And please do review my other answers as well ?
Yeah, I noticed it.Will avoid next time.Review my other answers too.
Ans.
Nice answer. Conclusion can be improved though.
Thank you for the review:) will go through some other answers for conclusion
Bhai good precise
But in between you have used critism word etc like white men burden pls avoid this
Rest is good
Waise more dimension can be added with headings like literature architecture culture of different countries etc
Section 377 of IPC is yet another archaic colonial rule which criminalizes the concept of homosexuality. Western societies claimed themselves to be flagbearers of rationality, liberalism, scientific thinking , but their thoughts in context of the rights of the LGBT community clearly contradicts their claims. And on the top of that they have even imposed their irrational thought on their colonies which quite often fail to recognize their own glorious past.
In ancient past, we paid deep respects to such community and at times even saw them in some forms of god. Ex- Ardhanarishwar (Shiva) is the most revered deities till date. We can even find excerpts pointing to the presence of LGBT communities in our ancient texts of Kamasutra. Their presence can be felt in the the sculptures of Khajuraho as well.So, we have numerous citations which prove that Indian society was much more tolerant and inclusive for LGBT groups in the past than it is today.
The colonial powers though primarily driven by commercial interests had at the back of mind religious interests as well. They had Churches as one of their prime authorities which clearly recognise only union af a man and a woman and anything other than that is a sin and should be punished. Christian missionaries even preached such thoughts and at time when colonization was at its peak our societies had almost lost their own thought process and reasoning and accepted this in their own value system.Over the time this really got diffused in the society and LGBT community being the minority was bound to suffer from unethical and immoral treatment of the society.
Now, when there is a voice from each and every corner of the world in their support we must think of undoing the wrong which we have done to them be it not in the name of culture , religion or history but at least in the name of humanity. Really, they have a huge latent human capital base which we can use to make a far beautiful society.
Homosexuality, an attraction between same “sexes”, is an age-old phenomenon and its been present in every known society, though in varying degrees. Older Indian society has many traces of it. Mainly after religion took center stage in society and people lives, the practice been considered as inhuman and people were persecuted for that.
Indian laws on homosexuality, inherited from British(developed by following Victorian puritanism) criminalises the act as provided in Sec 377 of IPC.
In fact, homosexuality is not a preference but a natural inclination of sexual preferences and its personal. This is indeed a breach of privacy of an individual and an assault on human rights of LGBT community. This is in vioaltion of Art.21 (Right to life), Art.14(Right to equality) of Indian constitution.
In 2009, Delhi HC taking the forward step by decriminalise the Section 377 only to be nullified by Supreme court in 2014. From 20th century, several western countries (which initiated this) decriminalised the personalised act. This is inline with modern society, which promises right to difnified life and equality to all. State should not interfere into the personalised choices and this colonial relic has no legitimacy.
To ensure these LGBT people – a legitimacy and social acceptance, a proactive approach and slew of measures required.
* Decriminalise the section 377, first step to show that they are also normal people
* Legislative measures to ensure they are not being discriminated be in private or public employment, education etc
* Creating Public awareness about practice and encouraging people not to ostracise those people.
* Religion-oriented personal laws should not be used to marginalise or alienate them.
kindly review sirs/madams….
You have covered almost all points in a very holistic manner … but I feel that your answer should be reframed…ancient value system paragraph should come before the present verdict of SC as that is the core of the question …. plzz reply if you feel the other way
hey @disqus_Bm4gk8hVMC:disqus thanx for ur time.
The reason I mentioned HC-SC thing before as to why the issue is relevant i.e. the contemporary touch.
Babaji review
Section 377 of IPC was introduced during the British rule in 1860. The British do not hold a good record with respect to homosexuality. The Roman catholic church considered it sinful, immoral and disgrace to the society. Harsh punishment was imposed on people found guilty of this offence; not even nobles, kings or mathematician (Alan Turing) were spared. While in contrast to this, Indian history presents a much lighter picture of homosexuality :
Hindu mythology has many examples of deities changing gender. It contains numerous incidents where sexual interactions serve a non-sexual, sacred purpose; in some cases, these are same-sex interactions. For example, Shiva and parvati in arthnarishvara, Shikandini in Mahabharata.
Sangam literature also holds accounts of homosexuality in its stories.
Homosexuality also finds mention in Arthashastra which illustrates that a minimal fine was imposed on non vaginal sexual practices. Homosexual intercourse was treated as a minor offence while some kind of heterosexual intercourse were punished more severely.
With the advent of British era and introduction of Section 377 of IPC it was started to be treated as a criminal offence and turned a highly tolerant society into an aggressive one. It was British morals that turned out immoral.
My humble 2 cents:
1- you have the content, work on structuring well! Intro cud have been like- british imposed section 377.. For they comsidered homosexuality as immoral and degenerated…..
2-avoid such sentences like- british do not hold good account of homosexuality; phrase like this- based on their belief and strict adhenrece to morality- they persecuted immoral acts like homosexuality… Or in similar way!
Overall good attempt:) kwar
yeahh sure.. will work on that.. thanks
Plz review babaji…
Please review. Thank you.
Section 377 of the IPC criminalises any sexual offence against the ” order of the nature ” . Clearly homosexuality as such is not defined in the IPC and it is very subjective if any sexual activity is against the order of the nature.
section Introduce by IPC 1860 , it is hard to find evidences in ancient or medieval India which showed similar intolerance towards homosexuality . thus section clearly depicts the orientation of the rulers of the time – western colonizers and viewpoint of their churches .
Indian society had enough evidences to show its acceptance of homosexuality in the past:
> from kautilya’s Arthshastra to manusmriti etc have mentioned homosexuality as a minor offence unlike section 377 which mandates life imprisonment .
> Kamsutra of vatsyana devoted whole chapter over homosexuality and as one among the various pleasures .
> ancient as well as medieval architecture e.g. Khajuraho temple , Konark temple which were articulated under state patronage show clear acceptance to homosexuality .
Recent development regarding rights of the homosexuals and open informed discussion has once again challenged the century old section and mandated a review . HC in ‘naz foundation ‘case has clearly decriminalized the homosexuals ‘ consensual adult sex in private ‘ . BUt SC again in ‘satish kumar ‘ case seems to have put the clock back .
Thus Indian past society and traditions in no way endorses courts view on homosexuality and thus could not be a justification for retention of section 377 . rights of the homosexuals need be recognized and equally protected under article 14 .
Indian society always upheld values such as, tolerance , co existence and morality. However at the same time there was no central authority or law to inpose morality; for our ancestor were aware of it being dynamic.
Thus, indian society had liberal attitude towards homosexuality as well. Foreg; shruti ( veda) emphasises on indi right to self realisation for attainment of moksha. Individuals thus included homosexuals as well.
Further, manusmriti though imposes punishment to control such acts, however these were minor punishments.
However; colonial era marked significant changes in this aspect as they viewed our belief system based on morality as lax. Thus they considered homosexuality as immoral, and against their belief system.
Thus they enacted IPC in 1860. Section 377 of it criminalises homosexuality and states – sexual intercourse against law of nature is illegal with punishment of life imprisonment.
This was not limited to our country but was imposed in several other british colonies as well.
This was based on strict moral values enforced by central authority in christianity- as a means to control people who they felt degenerated.
Thus, indian society since ancient times respected individual freedom & privacy. This necessitated to create public opinion around the issue wrt to true indian values; so as to enable hitherto considered immoral to lead a dignifies life.
Social systems have always tended to favour the majority or the dominant class. What goes against their norms becomes abnormal in the society. Homosexuality is also a result of this normative abnormality. Its existence in the Indian Penal Code as a criminal offence, however, reflects a non-historical perspective. Indian traditional society had has a somewhat softer and open position towards homosexuality from ancient times
1. Ancient texts mentioned its existence and accepted the practice broadly.
2. Scriptures and arts on ancient temples like Konark and Khajuraho reflect a greater degree of acceptance of homosexuality in the Indian society.
3. The celebrated text of Kamasutra , the ancient sex book of India also covers the practice but does not abhor it in anyways.
4. There were very few or minor instances of punishments meted out in the ancient society for practicing homosexuality.
But its inclusion as a criminal offence in the Penal Code in 1860 actually falls in line with the stand of the Catholic Church at that time which absolutely denigrated the practice. Many of such laws like the above have a religious sanction of the colonial era but do not reflect the contemporary realities. Homosexuality has been accepted as a sexual preference in almost all progressive nations of the world including England. Its acceptance is needed to remove the long existing discriminations and stigma faced by the homosexual or LGBT community in India. The progressive stance of Indian Judiciary on this issue is commendable (Delhi High Court,2009) but much more still needs to be done to enlighten the society on this issue. Decriminalization of homosexuality must be the first step, however.
Please review friends
pls review …..
Section 377 of the IPC which pertains to unnatural sex was introduced keeping the traditional Indian society in mind. It was inserted at a time when an indian met with his faith at every turn of his day to day life.
The section was inserted to avoid any conflicts with the tradition and moral senses of the indian subjects and to keep the empire stable
But after independence many economical social and political changes occurred. Metropolitan culture where the traditional lines blurred and juncture of different faiths and customs gave rise to new thinking and ideas.
The concept of morality also took a leap forward. Women staying inside the house were considered moral and sacred whereas today women empowerment , gender budgting are at the forefront.
To change and adapt with new ideas and way of life our constitution was kept open for amendment so that it wont become obsolete and should reflect the current society.
In the same way our penal code should be revised to reflect the current society and be more people centric.
Please review. I’ll review yours.
Section 377 of the Indian Penal Code terms homosexuality as a criminal offence. This provision in the IPC has been a much debated and discussed issue in present times and has been seen with reference of violation of human rights, equality rights and discrimination among humans based on their sexual choices.
Criminalization of homosexuality is a colonial burden on Indian society. The British imposed it to impose a sense of self-proclaimed morality and way of life as prescribed by King and churches.
Since ancient times and with reference to our religious text, homosexuality has not been seen as something that violates morality or is against religion.
1. the Kamasutra by Sage Vatsayana has a separate chapter on homosexuality thus bringing its acceptance
2. the sculptors of Khujaraho temples have depicted homosexuality along with other sexual figures
3. the mention of Shikhandi, a transsexual figure , in Mahabharata and mention of elements of homosexuality in Ravana’s Lanka in Ramayana show that indian culture knew about it
4. Even Manusmriti and Arthashastra acknowledge it , though oppose it , but propose minor punishments for practicing it
So we find that homosexuality was , if not completely accepted ,acknowledged by the Indian society and religions. It did not violated codes of morality and ethics. In the highly advanced times today with greater stress on equality and human rights, the time is ripe to decriminalize the section and provide justice and dignity to all people without any discrimination.
hy. i have been seeing ur answers fr quite sometime nd found them meaningful. Read abt ur missed attempt by marginal marks.
writing mains dis year??????
Hii… thank you for your kind words..yes writing this time..also regarding your other query..one can put his/her analysis only if the question demands so…if factual questions are asked avoid them..if comment substantiate critical analysis is asked then one can write one or two lines but in tune with the question asked…here we have the liberty of time and answers of other people..but in exam time one needs to be as precise and to the point so as to convey his answer well and not bore the examiner with random words and discussions…all the very best to u 🙂
cool. thankyou so much!!! 🙂 wish u luck nd rank in exams 😀
Need review..:-)
ILP RIS0508
Section 377, is one section that criminalizes unnatural sex against the order of nature. Its roots can be traced from Christian catholic imprint as in Christianity unnatural sex such as gay and lesbian sexual acts are not acceptable and Christianity had its footprints during the Victorian era in India , whereas Homosexuals and Transgenders find suitable mention in ancient Indian Texts and these individuals also held important positions in the courts of medieval Kings in India. This shows the colonial mindset with which our laws are being framed even today.
The IPC was formed by Macullay which clearly reflects the colonial imprints on the Indian Judiciary system which needs metamorphosis, as the Indian society was tolerant and indifferent to homosexuality before the advent of IPC. Following are the points which show tolerance towards homosexuality during ancient and medieval times
1) The temples of Khajurao depict that homosexuality was very much in practice during those times.
2) Homosexuals and Transgenders find suitable mention in ancient Indian Texts and these individuals also held important positions in the courts of medieval Kings in India
3) Ancient texts such as Kamasutra have a brief indication that homosexuality was prevalent during those times.
The section 377 is not in sync with changes and the realities in the society as they impugn human rights , equality rights and sexual liberty. India is a signatory to the UN Human rights declaration and other international treaties that priorities for equal rights to all irrespective of gender and sexual orientation.
Babaji and friends please review.
India had a rich pre-colonial tradition of accepting homosexuality as part of society. But,existence of Sec 377 of IPC dating back to 1860 criminalizing intercourse with man, woman and animal against the so called “order of nature” primarily illustrates country’s colonial hangover. Its imprints can be traced back to orthodox Christianity of Britishers where homosexuals were treated “unnatural” and unacceptable.
Homosexuals and transgenders find special mentions in Hindu scriptures and played big role in court of medieval kings. “Shikhandi” -incarnation of Amba in Mahabharat is one such fine example. Erotic scriptures of homosexuals making love in medieval Hindu temples shows they were not only accepted but considered equals. Unfortunately Hon’ble Supreme court in 2013 took conservative stand and turned Delhi High Court watermark historic judgment “unconstitutional” and invalid. It has denied basic human rights and equal opportunity to suppressed minority.
India is among few other nations to support Russia’s draft of to deny equal treatment of same sex couple of UN staff. It is highly unfortunate that country with richest tradition of liberalism find its mention among likes of Saudi Arab, Afghanistan , Iraq etc where homosexuality is punishable by death by stone pelting. Hence time is ripe for Hon’ble apex court to course correct its mistake, take liberal view enshrined in constitution through Art 14 and 21 and endow homosexuals for what they are entitled to.
Please review.
“””” Unfortunately Hon’ble Supreme court in 2013 took conservative stand and turned Delhi High Court watermark historic judgment “unconstitutional” and invalid. “”””
Indian judiciary decides cases based on the law made by legislatures. SC made it illegal because it was as per the law. SC also directed the government to come up with a law on this issue.
Indian democracy and judiciary works on principle of “procedure established by law”. SC doesnt go into the reasoning aspect,,,,rather its decisions are based upon constitutional values and laws prevalent.
So i think we cannot say that SC took conservative stand. It already directed the govt to make a law on the issue. Its work of legislature , and not judiciary.
perfect answer…. you can work little on conclusion…. it could be more impressive