Sunday, September 20, 2009

The Transexuals, and Transexuality

It has been a real long long absence from the blog. Much has happened in between one should have commented on. One such major issue is the so-called legalisation of the transsexual relationship in India. In fact s. 377 of the Indian Penal Code classifies homosexual relation as unnatural and therefore a crime, a cognisable offence. When some organisations and individuals fighting for gay rights went to the court, the Supreme Court decided that any physical relation between two adults of the same sex by consent shall not be treated as an offence because it is a natural insinct. In other words, homosexuality has not been legalised but only de-criminalised.
As it happens in India, much hue and cry has been made on this verdict. The Court felt that homosexuality was not quite unnatural, and this was the basis of construing it as a crime in the law books. What the Court failed to take cognisance of, and what even many of the verdict's critics fail to raise appropriately, was that law, and also justice, should not only follow what is natural and what is not. We are living in a civilised society. What is raw natural, should not rule our system. Sexual desire is very natural, and naturally one needs a partner to quell it. Just a partner -- may it be of opposite sex or of same sex. No other consideration -- age, relation etc matters.
Going by the logic SC used in deciding the case, will an extra marital relation, or even an incest by consent shall be decriminalised? And what about prostitution? It is already a relation between two adults, by consent, of opposite sex at that. Should it also be a non-crime?
Law does not have always to be based on our natural instincts. A civilised society is civilised just only because it puts restrains on many of our natural instincts. So, the Court should endeavour to make our society civilised rather than natural. It has many hazards.