Wednesday, December 11, 2013

[rti4empowerment] View on Supreme Court decision on section 377 IPC

 

View on Supreme Court decision on section 377 IPC

Today there shall been a lot of hue and cry as regards the Supreme Court order on section 377 IPC related with alleged unnatural sexual offence. A lot of people who have different preferences as regards sexual conduct have strongly criticized the Supreme Court order.

But before criticizing the order, it would have been better if many of them had actually gone through the order and had seen it in its entirety.

Having gone through the order, I welcome the Supreme Court order as regards section 377 IPC because the order clearly says that cases come to police and Courts only in non consensual and markedly coercive situations and the keenness of the court in bringing justice to the victims who were either women or children cannot be discounted. The Supreme Court also says that they don't think the Court would rule similarly in a case of proved consensual intercourse between adults.

The Supreme Court also said that the Section 377 IPC does not criminalize a particular people or identity or orientation. It merely identifies certain acts which if committed would constitute an offence.

All these facts merely strengthen the Supreme Court's eagerness to stop any coercive and non-consensual unnatural intercourse which must be welcomed because absence of such legislature will increase possibilities of coercive unnatural sex and Human rights violations.

Hence all those who are consensual practitioners of what is legally called "unnatural offence" need not criticize this order as violation of their Human Rights but shall look at it as protecting the Human rights of many others whose human rights might be severely infringed and sexual assaults made on them in the absence of such a legal provision.

A holistic view of the order merely implies that instead of being too self-centered there is a need to understand the larger societal impact of this order because it saves many males, children and even women from unwanted and unwarranted unnatural sexual assault.

Views in Hindi and English--


Amitabh Thakur
Lucknow
# 094155-34526

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