WED, SEP 20, 2023 | UPDATED 11:03 AM IST

Opinion Times View Times Evoke City India World Entertainment Sports Spirituality Business Environment

NEWS / BLOGS / INDIA / Unnatural offences: Decrypting the phrase, 'Against the order of nature'

INDIA

Unnatural offences: Decrypting the phrase, ‘Against the order of

nature’
October 18, 2019, 3:28 PM IST / Vageshwari Deswal in Legally Speaking, India, Lifestyle, politics, TOI

FACEBOOK TWITTER LINKEDIN EMAIL

Section 377 of the Indian Penal Code criminalizes homo-sexuality and bestiality. It WRITE FOR TOI BLOGS

says, “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
BLOGS BY VAGESHWARI DESWAL
imprisonment of either description for a term which may extend to ten years, and shall
Vageshwari Deswal 1 Same sex marriages and freedom of choice
also be liable to fine.” An explanation to this section clarifies that penetration is
Dr. Vageshwari Deswal is
an academician, author, sufficient to constitute the carnal intercourse necessary to the offence described in this Changing dimensions of law relating to
2
feminist and activist working
section. abortion in India
as Professor at Faculty of
Law, University of Delhi.
The section uses the words, ‘against the order of nature’. Order of nature means 3 Gender mainstreaming in higher educational
institutions: Challenges and resolutions
events that are normal and expected to occur naturally if there is no artificial or
manmade impediment to the same. Unnatural is something, an act or behaviour, MORE BLOGS
contrary to that considered as natural. As per Section 377, only the peno-vaginal
sexual intercourse is natural, all other forms of carnal intercourse such as anal or oral
TOP VOICES
are unnatural. One reason could be that since only the former leads to perpetration of
life, so it is logical to construe the same as ‘in the order of nature’, but can it be
Arun Ram
understood to imply that all else is perverse to nature. Going by this logic contraception Chennai Talkies
and abortions should be outlawed as they both run contrary to the natural course of
events. Not only euthanasia, but the entire medical science also interferes with nature. Jug Suraiya
Should we stop treatments and criminalize medical research? Juggle-Bandhi

If we have to swear by all things natural, then we need to give up technological

Chetan Bhagat
advancements- our computers, smartphones, usage of electricity, automobiles etc., all The Underage Optimist,TOI Edit Page
contributing towards destruction of nature… the list is endless. The food we eat, the
clothes we wear, almost everything around us is artificial. Should we go back to the
Bachi Karkaria
pre-historic Paleolithic period? Even the concept of a modern state is a human Erratica,TOI Edit Page,Tracking Indian…
construct. It monopolizes State violence and grants protection to the weak thus goes
against nature’s principles of ‘might is right’ and ‘survival of the fittest’.
TOP EDITORIALS
Natural versus unnatural is a perennial debate. Who decides what is natural and what
1 When walking becomes meditative and
is not, since there are human interventions in every sphere of nature. If the majority is miraculous

allowed to dictate terms and impose its choices upon the minority, wouldn’t that trample
2 ‘My Indian birth mother gave me away. I don’t
our sacrosanct human rights Studies prove that the majority of early human societies know who she was but I am certain she must
were polygamous. If humans are polygamous by nature then the institution of marriage have been extremely brave’

which imposes monogamy is unnatural and should be abolished. Monogamy is a

3 Inching to the ultimate state of spiritualism
choice and so are sexual preferences. Matrimony cannot ensure monogamous
behaviour. Judiciary acknowledged the same last year when it decriminalized Adultery,
which continues to be a ground of divorce but is no longer a crime. Similarly, Section
377 could not stop homosexual behaviour, rather caused it to be practised
clandestinely with innumerable health hazards in tow. Law cannot regulate personal
individual choices unless they disturb others in the exercise of their freedom, in which
case reasonable restrictions can be imposed.

Section 377 is an archaic relic. In September 2018, a five-judge Constitution Bench of

the Supreme Court decriminalized consensual homosexual sexual activity among
adults (Navtej Singh Johar v.UOI). In doing so the court restored the Delhi High Court’s
2009 Naz Foundation judgment which was overruled by a two-judge bench of the SC
in Suresh Kumar Kaushal v. Naz Foundation (2013).

There is a misconception amongst the majority of the people that Section 377 has
been repealed, but that is nowhere close to the truth. S. 377 has only been watered
down and now sexual activity of whatever nature among consenting adults, is not
punishable under the law. In doing so the court has introduced the element of consent
as a ground for exemption from criminal prosecution under Section 377. Non-
consensual sexual activity among adults; and all sexual activity irrespective of consent
with minors or with animals continues to be a punishable crime. In addition to S. 377;
POCSO Act, 2012 also provides blanket protection to minors against sexual offences.
Dilution of S. 377 is a much-awaited and welcome move, as earlier this provision was
utilized as a tool for harassing people with unconventional sexual orientation. Adults
are capable of making their own choices and decisions. Law needs to be invoked only
in the absence of consent. Penalising consensual sexual acts among adults amounts
to a clear violation of their right to life, personal liberty and privacy. No modern State
can afford to continue with such oppressive laws and India is no exception.

FACEBOOK TWITTER LINKEDIN EMAIL

START A CONVERSATION

ADD COMMENT

DISCLAIMER
Views expressed above are the author's own.

END OF ARTICLE

POPULAR CATEGORIES HOT ON THE WEB

Headlines Bollywood News Jawan Collection Ganesh Chaturthi 2023

Quotes
Sports News Health & Fitness Tips Best Food For Health
About us RSS Ganesh Chaturthi Wishes
Business News Indian TV Shows Vijay Antony Daughter
Create Your Own Ad Newsletter Death News Ganesh Chaturthi
India News Celebrity Photos
Terms of Use and Feedback Kangana Ranaut Raghav Chadha Wedding
World News
Grievance Redressal
ePaper Nayanthara Parenting Tips
Policy
TOP TRENDS
Sitemap
Privacy policy
Parliament Special Old Parliament Building TRENDING TOPICS
Archives
Advertise with us Session
Neeraj Chopra Weight Loss Skin Care Tips
Rain in Gujarat
FOLLOW US ON Aditya L1 Nipah Virus Vishal Bhardwaj
Actor Vijay Antony
Manipur Bandh Ganesh Chaturthi 2023 Kangana Ranaut
Hardeep Singh Nijjar Cards
Nipah Virus in India Soha Ali Khan

OTHER TIMES GROUP NEWS SITES Women Reservation Bill Parineeti Chopra
PM Modi Speech in Tamannaah Bhatia

The Economic Times I am Gujarat India Squad vs Australia Parliament Ganesh Chaturthi 2023
Madhuri Dixit
2023 Messages
Hindi Economic Times Times Now Nassaji Mazandaran vs
Vani Bhojan
India Canada News Mumbai City Syed Salahuddin Death
Navbharat Times Times Now Navbharat Vivo Y55s
News
Ganesh Chaturthi 2023 Special Parliament
Maharashtra Times TimesPoints Laptops under 30000
Session Vitamin D
Ravichandran Ashwin
Vijaya Karnataka Indiatimes WiFi Routers
Asia Cup 2023 Schedule Ganesh Chaturthi
Telugu Samayam Brand Capital Tablets under 15000
Katrina Kaif
LIVING AND ENTERTAINMENT
Tamil Samayam Education Times
Viral News Filmfare
Malayalam Samayam Times Food SERVICES

Viral Videos TV CouponDunia Times Mobile

Ei Samay Miss Kyra
Femina Lifestyle Magicbricks Gadgets Now

ETimes Longwalks App TechGig Careers

Grazia Newspaper Subscription TimesJobs Colombia

Zoom Food News Bollywood News

Travel Destinations Times Prime

Bombay Times Whats Hot

Cricbuzz.com

Copyright © 2023 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service