Section 377 Verdict by Supreme Court: Are Oral Sex and Anal Sex Not Criminalised in India?

A person's sexuality is always restricted to two genders attracted to opposite sex. But it does not eliminate the fact that two people of the same gender can engage in a sexual intercourse. All this while the section 377 of the Indian Penal Code criminalised same-sex relationships. But in a landmark judgement, it is now partially repealed. Consensual sex between two people of the same gender is no more a crime. The new verdict said, "Section 377 of the IPC insofar as it criminalises consensual sexual acts between man and man, man and woman or woman and woman is unconstitutional and struck down. Sex with animal will, however, remain criminal." Section 377 Verdict Full Text: Read Complete Supreme Court Judgment on Decriminalising Homosexuality. 

Human beings don’t have sex solely to procreate as the animals do. Our sexual motives are often layered and can range from pleasure to emotional security. Surprisingly, humans themselves have a very poor understanding of their sexuality, especially in India. But with the verdict that decriminalises homosexuality, anal sex and oral sex are no more illegal.

What did Section 377 state?

Section 377 of the IPC was a big trouble to the Indian LGBTQ community, mainly because it criminalised any sex which isn’t heterosexual. Here’s what it says:

"377. Unnatural offences: Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."

In India, section 377 was brought into effect during the British rule in 1860 and was drafted by Thomas Macaulay. According to Factly.in, the rule was an extension of King Henry VIII’s Buggery Act, which prohibited any unnatural sexual act “against the will of God and man.” Since India inherited its legal system from its British rules, the country retained its clause on unnatural sex, despite multiple efforts at repealing or amending the law.

In 2009, the first attempts to junk the law were made. Although the Delhi High Court repealed the law, in 2013, the Supreme Court overturned the verdict stating that it was free to annul the law through legislation.

What is Unnatural Sex?

There is no medical definition of “unnatural sex.” It’s a concept that one may find in religious texts or legal books. Many religions, especially the Abrahamic triad, frowns upon certain types of sex like sodomy. The term “sex against nature” is used interchangeably with sodomy or anal sex and is considered a sin in many religions. According to these religions, any sex that isn’t the penile-vaginal kind and any sexual act that is not in keeping with the purpose of procreation is prohibited. The law thus criminalised anal sex and oral sex.

The law was mainly put in place to promote sexual morality and to protect citizens from any “immoral” sexual conduct. Now with the new verdict anal sex and oral sex does not fall into the category. Although the law still stands in the books to deal with cases of unnatural sex against minors and animals.

(The above story first appeared on LatestLY on Sep 06, 2018 07:48 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).