LegalCrystal – Blog

The draft ‘Assisted Reproductive Technologies (Regulation) Bill 2010, which intends to legalize surrogacy, has upset the Catholic church which says it will lead to a decline in the family system in India as it has in the West!

This Bill is going to radically alter our society and family structure and its values.  What is possible in science is neither in itself human nor moral.  We shall not play God and opt for fabrications of humans at our own designs.  Its legalizing something which will radically alter our social structure and moral living.  Major Archbishop of the Syre Malbar Church Cardinal Marvarkey Vithayathil said in a statement.

Sex is reduced to irresponsible Eros without any reference of generation and begetting. One can have a child without any relation with sex and one can have sex without any relation to procreation.  This separation will play havoc with human biological system and create a permissive society.

We live in India with its time immemorial value system and strong family structure.  Surrogacy and sperm/ova banks will alter the basic concepts and definitions of marriage, family, blood relation, father, mother etc.

The Cardinal further said that while it may be true that 15% couples around the world are infertile, it could not be said that every couple has the right to have a child.

“To have a child one cannot take recourse to any means and technology possible.” And called on elected representatives and citizens to become aware of the serious issued involved and refrain from enactment of laws which will lead to practices that will destroy our family system.”  These laws he concluded are ‘already in deep trouble in Western societies which went the way of sexual permissiveness and playing God with Science’.

Other interesting/useful Links: http://www.ispub.com/ostia/index.php?xmlFilePath=journals/ijlhe/vol4n2/reproduction.xml

http://www.elca.org/What-We-Believe/Social-Issues/Journal-of-Lutheran-Ethics/Portfolios/Social-Statements-of-the-ELCA/Predecessor

. Section 375. I.P.C. Rape:

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: – Against her will.

Secondly: -without her consent.

Thirdly: – With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly: – With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly: – With or without her consent, when she is under sixteen years of age.

Explanation: – Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape].

[Subject to state amendment]

Section 376. I.P.C. – Punishment for rape

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(1) Whoever: -

(a) Being a police officer commits rape-

(i) Within the limits of the police station to which he is appointed; or

(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of his official position and commits rape on a woman is custody as such public servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) Commits rape on a woman knowing her to be pregnant; or

(f) Commits rape when she is under twelve years of age; or

Section 376A. I.P.C. : Intercourse by a man with his wife during separation
Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine].

Section 376B.I.P.C.: Intercourse by public servant with woman is his custody

Whoever, being a public servant, takes advantage of his official position and induces or seduces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine].

Section 376C. I.P.C. : Intercourse by superintendent of jail, remand home, etc.
Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman ‘s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation 1. -”Superintendent” in relation to jail, remand home or other place of custody or a women’s or children’s institution included a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.

Explanation 2. – The expression “women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]

Section 376D.I.P.C.: Intercourse by any member of the management or staff of a hospital with any woman in that hospital
Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for term which may extend to five years and shall also be liable to fine.

Explanation. -The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.]

Section 377.I.P.C. : Unnatural offences

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation. -Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

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