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Shailesh (Businessman)     23 October 2014

Is mistakenly having intercourse with transgender illegal???

I saw a episode of a TV show "Satyamev Jayate" hosted by Aamir Khan, where the topic was transgernders and IPC 377. In that show, a transgender, who was originally male, but after operation looked very much like a woman and even spoke like a woman named Gazal came to the show and Aamir interviewed him/her. In the first instance, she/he very much looked like a woman and it was almost difficult to even think for a second that he/she was originally a guy before by birth, until the time that he/she himself/herself revealed the same during interview.

 

Now my problem is, before making transgenderism and third gender legal in our country, why hasn't our government thought that it can be misused? 

 

Gay men may undergo such operations to look like women and then by fraud obtain the consent of real men to have intercourse with them to satisfy their irrational and extreme lust which would be unnatural. IS THERE ANYWAY BY WHICH WE CAN FIND OUT THAT IS A PERSON A TRANSGENDER SO THAT ANY EUNUCH MAY NOT BECOME MY WIFE BY FRAUD IN FUTURE? I GUESS NOT, DEFINITELY NOT JUST BY LOOKING!

 

If any real man meets a transgender who was originally a guy who is gay and after operation now looks like a woman, and that gay transgender asks the real man to have intercourse with him/her, the real man may fall into the trap because the transgender looks like a woman, but he may not be aware that she was originally a guy and had changed his looks just to satisfy his irrational and unnatural gay lust.

 

1.) Isn't this fraud and cheating in the part of the transgender as obtained the consent of the guy by fraud and lying that she is a woman? If the transgender is guilty, then under which section(s) is he liable?

 

2.) Is the real man also guilty under IPC 377 for having unnatural intercourse with a same gender? I think that he should not be guilty as his consent was obtained by fraud and lying by the transgender. What are your views?

 

3.) Don't you think that the government should have noticed that this can be misused against the lives of real men by gay people who may look like women to satisfy their irrational, extremely perverted and unnatural lust?

 

PLS ANSWER IF YOU CAN! THANKS!



Learning

 3 Replies

LoneFighter (IT)     23 October 2014

1.) Isn't this fraud and cheating in the part of the transgender as obtained the consent of the guy by fraud and lying that she is a woman? If the transgender is guilty, then under which section(s) is he liable?

 

I am unsure of what section could be used.  

 

2.) Is the real man also guilty under IPC 377 for having unnatural intercourse with a same gender? I think that he should not be guilty as his consent was obtained by fraud and lying by the transgender. What are your views?

 

As per our law, yes it is illegal. Come on... people have fought so much to get rid of this section. Judgement given by the supreme court is quite abstract and a miniscule number of pages of documents submitted are also not used. No clear reasons to have this.. !!

But parliament has to give a nod to remove this section...

 

Courts cant change law i suppose.

 

Our politicians are not ready to deal with anything related to any gender other than women. Freedom is not a word to be heard when it comes to se***al choices in our country. What ever you do, do it so that no ones knows about it. Lot of taboo. Many countries have actually made gay marriages legal. 

 

3.) Don't you think that the government should have noticed that this can be misused against the lives of real men by gay people who may look like women to satisfy their irrational, extremely perverted and unnatural lust?

 

Every section is being misused in one way or the other. I suppose, the way you are describing transgenders as perverted... cant be justified if they are living their life without deceiving others. They are like everyone among us. Please show some respect. They did not chose to be born that way. They would have tried a lot to be part of community. Think about someone who is being ridiculed by everyone, but still they could not change themselvs.. its not their choice, but its inevitable for them. They cant help it.

 

 

--> All your queries are hypothetical.. This could happen, but chances are rare. But atleast you could do is to show some respect to LGBT community who are as normal as you and me...

 

PS: NOM. 

1 Like

Shailesh (Businessman)     24 October 2014

I am unsure of what section could be used.  


When it comes to eve-teasers and molesters, you will definitely know the section, but that is not the only crime in India. When it comes to deceiving others by fake identity, you fail in the test in answering that which section should be used. 

 

However, to enlighten you and inform you, let me tell you that this falls under IPC 416, and IPC 419 of impersonation. It carries upto 3 years of imprisonment. If a transgender lies to me that she is a woman and hides the fact that she was born as a male and I act accordingly for her thinking she is a female then this would fall under impersonation and is a crime for that transgender for which she can be imprisoned upto 3 years by law and she can be arrested by the Indian police. 

 

I did not get any satisfactory answer from here so I checked the net and now I asked the question here and I am answering it also for you. Strange!

 

As per our law, yes it is illegal. 

 

Do you know English? IPC 377 mentions, "Whoever voluntarily has....", voluntarily means by knowingly. In that case, murders and accidents should be treated equally. HAHAHA!! ROFL-LOL!! :D :D :D. 

 

Come on... people have fought so much to get rid of this section. Judgement given by the supreme court is quite abstract and a miniscule number of pages of documents submitted are also not used. No clear reasons to have this.. !!


You are committing crime by insulting the Judge who gave this Judgement and you should be held guilty of contempt of court and be arrested. 

 

There are adequate reasons for the Judgement and if you cannot understand those reasons or fail to identify those reasons which the Judge gave due to your stupidity then it is not the fault of that Judge.

 

But parliament has to give a nod to remove this section...


Courts cant change law i suppose.

 

Courts can declare any law unconstitutional or invalid and introduce another guideline or a writ which is equal to changing or amending law for your information so it seems that you just go by what is said in the media. 

 

 

Our politicians are not ready to deal with anything related to any gender other than women.


The only two genders are man and woman. 'Other than woman' means just man, not eunuchs or transgenders. I agree that laws are favoring woman and discriminating men baselessly but it does not give space to transgenders and third gender because they do not even exist. 

 

Freedom is not a word to be heard when it comes to se***al choices in our country. What ever you do, do it so that no ones knows about it. Lot of taboo. Many countries have actually made gay marriages legal. 


Many countries have made even gay unions illegal. If those countries legalizing it tomorrow starts legalizing cocaine then do you expect us also to do so?

 

If s_xual choices were not free then it would have completely be like Saudi Arabia were you cannot access p_rn websites on the net, see movies with glamorous heroines, ask for prostitutes privately, etc. All these things are legal in our country, but now you want legality for gay relationships also. Just because the Judge of the highest court refused to give that, you started accusing the Judge that there is no freedom. HOW MUCH FREEDOM DO YOU WANT? TILL THE TIME YOU GET HIV AND AIDS? DON'T YOU HAVE ANY LIMITS? 

 

Even the most perverted guy like Shakti Kapoor does not indulge in gay activities which you are indulging in. 

 

Even I am a pervert but I know my limits. I understand, unlike you, that being pervert does not mean that you become irrational and break limits by asking for unnatural and unreasoned physical relationships. 

 

Every section is being misused in one way or the other.


Well if it is misused then there are safeguards for them too but there has been no safeguards for transgendered operations because as far as I know that there is no definite and simple method to identify that what gender a transgender was originally. 

 

If acid can be misused then there are licenses issued to shopkeepers and the persons possessing it have to tender identity proofs. If internet can be misused then IP addresses are there to safeguard and check that from where the internet has been accessed for a particular site. Every section has a safeguard also if it can be misused but there is no safeguard that whether a person is originally a guy by birth or not.

 

I suppose, the way you are describing transgenders as perverted... cant be justified if they are living their life without deceiving others. They are like everyone among us. Please show some respect.


How do you know that they do not deceive others? Are you that foolish that you do not even realize that how almost everyone is becoming a cheat? If due to your stupidity you cannot understand the reasoning which I gave that why are they perverted then it is not my fault. 

 

They did not chose to be born that way. They would have tried a lot to be part of community. Think about someone who is being ridiculed by everyone, but still they could not change themselvs.. its not their choice, but its inevitable for them. They cant help it.


Nobody is even born that way. Scientists have proven that emotional attraction is all in the mind and thinking is under your control so your defence and reasoning that you or transgenders are naturally born that way and have no control over their choices of being a transgender is baseless. 

 

 

--> All your queries are hypothetical.. This could happen, but chances are rare. But atleast you could do is to show some respect to LGBT community who are as normal as you and me...


I'll answer this part later. 

LoneFighter (IT)     24 October 2014

:) i wish i were a pervert.. :) fun reading thru... !! 

i pity your innocence for you assumptions about my s*** orientations.

But i do have friends who are different. They have indulging themselves with UNHCR activities working in Syria, afghanistan as volunteers. They are normal like us, but they are different. They are not taking bribes, nor forcing anyone to do anything.

Yes i am proud to say, that i am gonna take their side when it comes to safeguarding basic human right. Right to their own s*** orientation. 

Last reply.. last reply on this thread... all the best in becoming president and imposing capital punishment on these acts .. 

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