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The flaw.

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Introduction

THE fLAW Food, clothing, shelter. Okay what next. Security?,freedom? So how would one feel if one were lawfully and socially denied of the need which appears just above food, clothing, and shelter on Maslow's hierarchy of needs. I am talking about homosexuality and section 377 of the Indian penal code, which criminalises male homosexuality. The major debates and discussions concerning gay men and lesbians revolve around article 377 of the Indian penal code, no other laws directly deals with homosexuality, as if homosexuality does not exist in india. Because of this ostrich like attitude there is no overt discrimination but covert discrimination against gay men and lesbians runs throughout the gamut of laws. The nature of the law is: - "Whoever voluntarily has carnal intercourse against the order of the nature with any man, woman or animal shall be punished with (imprisonment for life) ...read more.

Middle

The law ciminalises it because according to the lawmakers it is unnatural. But what poves it to be unnatural? The fact that human perpetuation is not possible in homosexual relationship, or that the other way round has been preferred and practiced for years does suffice enough for it to be termed as unnatural and hence a criminal offence. Isn't this countered with the fact that inspite of it being termed as criminal offence, inspite of the strong social stigma attached to it, it hasn't c eased to exist even over so many years. I think, it is a natural urge, and it's a matter of great shame that in a democratic country like ours it is criminalised. Denying to accept homosexual relationships is denying an individual, fulfillment of his needs of companionship security, freedom and love, all which form a base of human existence. ...read more.

Conclusion

Thirdly, because of the moral stigma attached to homosexuality per se, gay men and lesbians are affected by a number of laws that criminalise actions and other objects considered as immoral or scandalous according to the governing ethics of the society. So a person pursuing a homosexual relationship is denied his/her rights to have a family, his/her entitlement to the deceased spouse's assets and definitely social acceptance. Well to put it in short I would like to say that his/her sheer existence is denied in the society. What more can one be deprived of. Well nothing in world is permanent and so is the case with laws. Homosexuality must be decriminalsed. It is important to have law that goes beyond the existing one and redefines the word 'family'. Let us all act as matured citizens and fight for the legal and social acceptance of homosexual relationships and accept their companionship as constituting families. Kinjal sampat ...read more.

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