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What is the punishment decided by legal system of India for Female homosexuality or Lesbianism or Triabadism?
How it is punished in case of WITH consent ?
How it is punished in case of WITHOUT consent?

2007-06-22 09:21:27 · 10 answers · asked by Anonymous in Politics & Government Law & Ethics

10 answers

Section 377 of the India Penal code states 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 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.
Now the various cases till date reported under this section are all relating to either anal, or oral or between the thighs sex. The very fact the explanation attached to this section insists & as has been interpreted by the courts that there has to be penetration of penis either in the anus or in mouth or any other part of the human body other then vagina then it will amount to sexual intercourse against the nature. Now coming to the question of unnatural sexual intercourse in lesbians or female homosexuals, it has never been reported in India till date as a complaint under this provision of the Penal code, more over since the explanation attached to the section talks of penetration, if we say that lesbians indulge in penetration of some object other then natural human penis in their vagina then it can be held under this section as sexual intercourse against the nature not otherwise. In case the lesbians not indulging in penetration of any other object other then human penis but indulging in other activities amongst themselves will not be covered under this provision of the penal code. The question of consent or no consent doesn't stand in this provision of penal code if there is a intercourse against the nature even with one's consent it will still be punishable under this provisions.

2007-06-25 03:23:07 · answer #1 · answered by vijay m Indian Lawyer 7 · 1 0

I just know religion in India is very strong. Any public affection is punishable. God knows what they would punish any homosexual act. The thing is they are nuts...people cannot help how they feel. It's very natural..I say if you are going through this you should talk to people and get help don't go through this alone.

2007-06-22 16:25:13 · answer #2 · answered by Anonymous · 0 0

In India nohing is punishable. Cool country. Even the person next door also won't bother you. Even the ex-CM of Tamil Nadu Jayalalitha also practices Lesbanism with her girl friend Shashi Kala

2007-06-22 17:15:40 · answer #3 · answered by atlantindian 3 · 0 0

I can't answer all your questions but I do know that any homosexuality is punished in India.

2007-06-22 16:23:29 · answer #4 · answered by Anonymous · 0 0

The acts stated are absolutely no offences punishable in India. A Non-Indian may not be aware of sexual offences in India.

Premarital, extramarital or unwed sexual activities are not barred or prohibited hence no offence punishable in ANY INDIAN LAW. A wife’s sexual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her sex partner also cannot be punished, if was unaware of her wedlock or had sex with consent or connivance of her husband. Her husband alone can prosecute him but not the police, court or the wife. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is permanently & continuously enjoying sex with all other/s. Pre marital sexual intercourses with other/s cannot be a ground to seek divorce under HINDU/SPECIAL Marriage Act. Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any INDIAN LAW and she is at liberty to enjoy the sex freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock are her husband’s legitimate ones. He is bound to maintain or pay their expenses; till sons are 18+ and daughters are married. Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence punishable in INDIAN LAWS.

All unwed sexual relations are quite barred and prohibited only in ISLAM and termed in clearly written unambiguous words as the heinous crime punishable with death by pelting stones or lashes, publicly.

Hinduism never considered it bad or wrong. Hindus are free to act as per their own will and wish. Hindus have no religuous guidance to control them as to the right and the wrong. Hinduism is not a religion. It is a custom, tradition, culture and the way of Hindus' lives in Hindustan (India). A Hindu is born to Hindu parents in Hindustan and none can convert to Hinduism. A Hindu is always free to "embrace" a religion, though he cannot convert to any religion since a Hindu has no religion.

2007-06-27 13:09:09 · answer #5 · answered by Anonymous · 0 1

I am bit confused about it , but ya i never heared about any case of this kind; like some body is getting arrested for it or getting punished for the same.

2007-06-23 17:01:11 · answer #6 · answered by ankur 1 · 0 0

By cuting king bug

2007-06-22 16:25:39 · answer #7 · answered by Anonymous · 0 0

I share with vijay. I have given him one star.

2007-06-25 11:13:24 · answer #8 · answered by baba 5 · 0 0

It's only illegal if performed in the presence of a cow.

2007-06-22 16:24:36 · answer #9 · answered by bumpusemt 3 · 1 1

So... you goin' to India any time soon?

2007-06-22 16:24:47 · answer #10 · answered by Sgt. Crabbs 3 · 0 0

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