Section 377 of Indian Penal Code should be abolished

*Disclaimer-Regardless of who instigates the debate, none of the contenders can decide who has the BoP in most cases. BoP is on the person who makes a claim. In this case, Con in the comments section has made a pretty clear, strong, and positive claim that homosexuality is “against the order of nature”, therefore my point is: The BoP can be and is on Con as well. However, while I am not obligated to, I am also willing to share the BoP.Section 377: Unnatural offences: 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 imprisonment of either description for 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 offense described in this section.[1][2]The ambit of Section 377, which was devised to criminalize and prevent homosexual sex extends to any sexual union involving penile insertion. Thus, even consensual heterosexual acts such as fellatio and anal penetration may be punishable under this law.Sources[1] "Sodomy Laws Around the World". 2007-04-24. [Retrieved 1/6/14][2] "Indian Penal Code". District Court Allahabad. [Retrieved 1/6/14]Just take a minute to re-read the law. Life imprisonment or imprisonment for up-to 10 years for being a homosexual, something that is not UNNATURAL and not a crime at all, in fact it is as NATURAL as being a heterosexual.My argument will be concise. Featuring 5 points –1. Tackling the unnatural claim2. 377 no place for a liberal country3. Society’s tolerance4. Religious dilemma5. ConclusionWho is my opponent or the homosapien species to decide what is natural or what is unnatural?Homosexuality is not a defect, disease or disorder, it is natural and not only does it exists in human beings, ‘but there are more than 20 species, other than humans, that are known to exhibit homosexual behaviour’. [3]Something that is naturally found even in animals since time immemorial is being termed as unnatural in a so called liberal 21st century.Also how is heterosexual fellatio and anal intercourse unnatural? Talking to the conservatives who like to quote scriptures to criticize homosexuality, if you see the Konark scriptures and temples around India, they show heterosexual and homosexual figures and sculptures carved in temples and these temples are listed as National Heritage sites, even in our history these things existed, how they can suddenly be viewed with such hostility is strange.And coming back to BoP, I am afraid all of it now lies on Con.Source [3]: http://en.wikipedia.org...I think all those who support 377’s existence only wear a tag of liberalism but deep down they are conservatives, using tradition to cage and make a forward thinking society prisoner.With the BJP coming in power I am afraid the RSS obligation would stop them from repealing 377. However, Mr. Modi who is the youth’s champion and credits his victory to the 12 crore first time voters should also realize that out of these 12 crore, most support the abolition of 377.I also believe that 377 is a farce, there has not been a single arrest from the 20 years, it’s just being used as a deterrent, but my question is why? Why do they need to create a social taboo regarding homosexuals, why are they making a major section of the society live in denial and agony? Why can’t they live a life like everyone else? We take pride in ourselves and in our Constitution, believing that in India, each and every citizen has equal rights. Part III of our Constitution guarantees us these Fundamental Rights, regardless of caste, creed, sex, class etc. So why then is a particular section of society proscribed from these privileges?Are consenting LGBT individuals having sex – criminals? Is every homosexual naturally defected? Is it a phenotypic or a genotypic condition?The Universal Declaration of Human Rights, which India has ratified, grants all human beings the Right to marriage and to start a family. Article 14 of the Indian Constitution guarantees us Right to Equality. So are LGBT citizens not human beings? And if they are, are they inferior to the heterosexual citizens of India? Talking about religion and spirituality, I would like to limit myself to just one paragraph.Pope Francis, the Holy Father of all the Catholics on the plant said, “If a person is gay, and seeks the lord who am I to judge him?”Even a stern and staunch institution like the Catholic church has accepted homosexuality, why can’t the Indian judiciary, why can’t the Indian legislators? To all the homosexuals, I would just say, ‘be yourself’, if you don’t come out openly and try to blend in or hide your sexual orientation, that is unnatural. SourcesIndian ConstitutionUniversal Declaration of Human Rights