Arshad Sulahri: A detailed answer to the objections on the need to repeal Section 377 of the Pakistan Penal Code

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As usual, my previous article on section 377 of the Pakistan Penal Code was criticized for wanting to promote homosexuality. However, due to lack of information about section 377 and ignorance of the real rights, section 377 The conclusion was misunderstood that the author was advocating sexual misconduct and rape. Therefore, it was necessary to explain in detail what Section 377 actually means. It was enacted in 1860 in more than 80 other slave states, including the Union Jack.

 It is unfortunate and shameful that the shackles of slavery are such and are still being used today in the manner of British imperialism. Which literally means that freedom is only for the powerful and those in power. Section 377 is imposed to silence a person who raises his voice against a police officer and a political leader for life, including humiliating him and ruining his honor and dignity. His relatives also turn away. Under Section 377, not thousands but millions of cases have been registered in which 99% of the cases have been framed for lying and blackmail.

The 377 victims include young people, underage girls, boys, political activists, newspaper reporters, human rights activists, eunuchs. The way revenge is taken under the guise of 95C.

The following details are in line with the Penal Code of Pakistan and do not alter the implications so that it is clear that Section 377 is not for the prevention of rape or homosexuality but against basic human rights, including interference in marriage. Violation and deprivation of personal freedom is an inhumane act.

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According to Section 377, a person who commits unnatural sexual intercourse with a man or a woman or an animal is liable to imprisonment for life or imprisonment for either of the two categories. The term can be a minimum of two years and a maximum of ten years and is also punishable by a fine.

Explanation

Penetration is sufficient to form the necessary sexual intercourse described in this defense.

Purpose

For human morality and religious requirements, it is necessary to use only those methods of sexual intimacy which are devoted to reproduction. This natural action is called intercourse. On the other hand, when a man fulfills animal desires by having sexual intercourse with a man or a woman or a human being with an animal, his action is considered against the natural requirements. The purpose is to punish such an unnatural act.

Consent

Under this provision, the consent of the object in the offense as an excuse is ineffective and irrelevant. Both the subject and the object of consent are obligatory. The object is the accomplice. A married woman who agrees with her husband to have an unnatural act. Co-offender.

The difference between sections 376 and 377

There is a difference between sections 376 and 377 with only two words. Section 376 uses words of sexual intimacy and section 377 uses words of sexual intercourse. Also section 377 uses words of unnatural nature. The article is further elaborated using. Every sexual act has an element of sexual intercourse but not every sexual intercourse has a natural sexual process. In both cases the effect or intercourse is maintained. Sexual intimacy. In English law, Russell and Stephen have written that in order to form a crime, it is necessary to know which part of the body the action took place in order to form a crime. Where homosexuality or homosexuality is practiced.

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Penetration

The explanation of this section states that penetration is sufficient for the formation of sexual intercourse. That is, the presence or absence of ejaculation is irrelevant. Although the semen marks are important for the evidence of the crime. If the court was satisfied, the crime would have been committed.

According to PLD 1970 Peshawar 146, the offense is punishable under section 377. This requires penetration, no matter how minor. Therefore, the act of this crime should be the act of inserting the penis into the anus of the object. It is necessary for the accused to prove any movement in this direction. When the accused intended to have an instinct against sexual intercourse and he made all preparations to satisfy his lust but before he could insert his penis he ejaculated, the court ruled that he did not He did not commit any act which could be considered as an act of committing the crime of Aghlam.

According to PLD 1961 Dhaka 447 and PLD 1961 Peshawar 17, the evidence in favor of the charge under section 377 should be effective as it is easy to make such an allegation but it is very difficult to refute it.

A person can be convicted under section 377. Whether it was really penetrated into the anus or not legally acted upon, while one accused dropped an 11- to 12-year-old boy to the ground with his face facing him and the accused Made a gap in her thighs and inserted her penis in it and stood up after ejaculation, then it was declared that the accused was guilty under section 377. because to penetrate in any case to form a crime under this section. Not necessary The penetration of the accused’s penis between the thighs of the boy is tantamount to penetration and sexual intercourse. According to PLD 1961 Dhaka 447, if the accused ejaculates before entering, he will be guilty of an unnatural offense.

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According to PLD 1959 Lahore, evidence was asked to prove that the accused had sexual intercourse with a man, woman or animal. It was natural to be against such intimacy. The accused committed such an act without any intention. It would be unsafe to convict the accused on the basis of the statement of the object while his statement was not corroborated. Except that such testimony may be considered as special weight. Semen stains form important evidence, so the report of chemical exams, examiners should be given much importance. The proceedings under section 377 of the Code are admissible warrant, non-consent, admissible court session or magistrate first class.

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