I am not lesbian, why should I bother about Section 377?

I am not lesbian, why should I bother about Section 377?

“Girl, when you blow your boy,

Or boy when you go down on her,

Or when both of you use a toy, and the world’s a blur,

I know it feels like heaven, you too violate 377”

Holy shit! Is it? And just so you know, technically under Section 377, masturbation is illegal as well.

Aise to fir single hona hi crime hai bc. My reasonable mind itself was not ready to accept this fact but once I got into reading I understood that it all comes under the phrase “against the order of nature”.

That means if your sexual acts are not resulting in baby formation then it is against order of the nature. What shitttt!! Did you know that many animals exhibit homosexual characteristics? Is that against the order of nature?

Besides, who are we to decide what the order of nature is? Homosexuality is found in over 450 species, homophobia is found only in one. Now which seems unnatural?

“Homophobia isn’t magically over because same-sex marriage is legal”

The British came here and imposed this law on us. It got repealed in their country long back while it was still in force here.

How retarded was that? What happened to that thing called, um…“freedom?” What I, or for that matter, any person does in the privacy of his/her home is their own business. And no one else’s.

A lot of people have said that any law that perpetuates violence or harasses a “minuscule” minority does not mean that its bad law.

Are you kidding me? And even if we did follow that twisted logic, did you know that the LGBT community makes up nearly 10% of India’s population? Minuscule, my ass!

With latest judgement of Apex court where Section 377 of IPC was struck down, we painted our country like rainbow.

Aww how wonderful! It is good to see that whole country is celebrating but, what exactly are we celebrating.

Gay rights? No, independence. Also, not everyone knows that complete Section 377 is not decriminalized. Only the consensual sex is. Consent..remember? The YES/ NO thing? Because no matter how much freedom we gain we will still never be able to understand this term completely.

To understand the section in a better way let’s have a look at the law:

Section 377 IPC. Unnatural offences.—Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished.

Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

What is struck down is the consensual sexual acts. Non-consensual sexual acts and bestiality (sexual acts with animals) are still criminalized.

Partial scraping of Section 377 was done by the apex court because doing so will ensure that there is a provision for criminalizing the non-consensual sexual acts where the victim is not a woman. Kyunki RAPE to RAPE hota hai aur gender pooch k nhi kiya jaata!

The prevention of child sexual offenses act (POCSO) criminalizes sexual abuse of any child, but the rape provisions in the IPC only recognize acts of man against a woman. Retaining sec 377 for non-consensual sexual acts is therefore essential to criminalize sexual assault of men, and crucially members of the transgender and intersex communities.

You know why it took us so long to win?

Not because Supreme Court wasn’t decriminalizing 377 but because we deemed equality in muffled voice, from behind a closed door. OCCASIONALLY. We needed courage to break open the locks of fear. Equality jhak maarke peeche aati!

Divya Auntie
Meet the author / Divya Auntie

Heya, myself DIvya auntie, a Delhi based student tired of all the unreal shit out there about things called society.. I will be telling stories others shun away. Yours perhaps?

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