Homosexuality not a crime, requires psychological treatment, says RSS
NAGPUR: A day after stating that he doesn’t think homosexuality should be considered a criminal offence, RSS joint general secretary Dattatreya Hosabale on Friday did a u-turn on the issue, saying homosexuality wasn’t a crime and it should be treated as a psychological case but not be institutionalised.
To a question on whether homosexuality is a crime as considered under Article 377 IPC, Hosabale had said, “I don’t think homosexuality should be considered a criminal offence as long as it does not affect the lives of others in society.”
However, taking to micro-blogging site on Friday, Dattatreya said, “Homosexuality is not a crime, but socially immoral act in our society. No need to punish, but to be treated as a psychological case.”
“Gay marriage is Institutionalisation of homosexuality. It should be prohibited. Approach to homosexuality should be ‘no criminalisation; no glorification either’,” he said in another tweets.
Addressing a media conclave in the national capital on Thursday, Hosabale had said that sexual preferences and same-sex relations are individual choices.
Hosabale had also said, “Sexual preferences are private and personal. Why should RSS express its views in a public forum? RSS has no view on that. It is for people to have their way.
Personal preference of sex is not discussed in RSS and we don’t even want to discuss that.”
Section 377 of Indian Penal Code terms homosexuality as unnatural and carries a maximum punishment of 10 years in jail. Going by the global trends in this regard, there have been demands within the country to decriminalise homosexuality.
Sec 377 re-think by SC
On February 2, the SC sought to re-think its decision re-criminalising homosexuality. The apex court referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order. An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 and a January 2014 order by which it had dismissed a bunch of review petitions.
The petitioners include the NGO Naz Foundation, working for the LGBT community. Section 377 of IPC criminalises sexual activities against the order of nature, arguably including the homosexual acts.
With the Supreme Court referring curative plea on homosexuality to five-judge bench, the petitioner’s lawyer Anand Grover on Tuesday said the apex court took the decision as questions of constitutionality and basic human rights are involved in the case. ‘The Supreme Court decided that the matter be referred to the five-judge bench because it considers that there are constitutional questions involved,’ Grover told ANI.
The petitioners include the NGO Naz Foundation, working for the LGBT community. The plea stated that the judgement was reserved on March 27, 2012, but a verdict was delivered after around 21 months; during this period lots of changes took place, including amendment in laws, which were not considered by the Bench, which delivered the judgement. Section 377 of IPC criminalises sexual activities against the order of nature, arguably including the homosexual acts.
Posted by Konima Choudhary
on March 18, 2016. Filed under State
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