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Women’s group wants lack of foreplay punishable under section 377 of IPC

10, Sep 2009 By Pagal Patrakar

Mumbai. A women’s group called TALA (Tel Aviv Ladies Association) has moved a petition in Mumbai High Court for declaration of ‘sexual act between a man and a woman sans foreplay’ as being “against the order of nature”. Currently a consensual sexual act between a man and a woman (both being adults), with our without foreplay, is deemed ‘permissible’ and ‘normal’ in the legal system of India, but TALA activists argue that a sexual act not involving foreplay should be outlawed and the offending man should be tried for criminal activity under section 377 of the IPC.

TALA activists protesting against men
TALA activists protesting against men

“Men have forgotten to make love. Most of them seem to have learned their lessons from some third rated pornographic videos rather than the traditional wisdom. Even in India, the land of Kamasutra and Khajuraho, men seem to be oblivious of the art of making love and having sex with a woman. If they can’t mend their ways voluntarily, this is the only way left.” TALA spokesperson Tara Green told Faking News.

The petition has once again shifted the focus on section 377 of the IPC, which criminalizes sexual activity “against the order of nature”. The section was skinned down by Delhi High Court in early July to leave out gays as being involved in a sexual act that could be deemed as being “against the order of nature”. The petition by TALA seeks to flesh up section 377 by taking in no-foreplay men within the ambit of the law.

In fact, this petition comes close to Delhi Commission for Protection of Child Rights moving SC against leaving out gays from being covered by section 377. If both the petitions (by Child Commission and by TALA) win their respective legal battles, section 377 will end up being even more wide-ranging than before.

“This is not a new thing in Indian legal system. Our laws and their definitions and interpretations keep on multiplying with time. Don’t be surprised to see more such petitions seeking to skin down or flesh up the section 377. Lawyers are surely going to celebrate these developments with gaiety, but personally I believe that TALA has good chances of convincing a court.” Aabhash Kashyap, a legal expert said.

The speculations of Mr. Kashyap indeed seems to be coming true as the latest reports suggest that various religious organizations, belonging to all faiths, are planning to move petitions in courts to argue and prove what kinds of sexual activities could be deemed as being in the “order of nature”. If all of them successfully argue in the courts, a man could land in jail for trying ‘exotic positions’ during sex or even for masturbating.