Short Essay on Sexual Offences in India !
Prior to the codification of Hindu Law, polygamy was in vogue for a long time. Perhaps, the justification for the acceptance of this practice was that it provided legitimate outlet for persons to pacify their sex urge within the family itself. But the post-independence legislations on divorce, immoral traffic in women and children, marriage and other enactments relating to personal laws have narrowed down the scope of legitimate sex activities to such an extent that there has been an enormous increase in sex crime in recent times.
Considered from this standpoint, the codification of Hindu personal law in 1956 may be treated as a retrograde step so far sex-offences are concerned. It condemns all forms of sex indulgences excepting the marital union of spouses as husband and wife, hi result, there may be occasions when a man might not be in a position to pacify the sex-gratification of his wife whom he has accepted as his life partner.
Conversely, the wife herself might not be in a position to satisfy the sex urge of her husband. The reason for his dissatisfaction need not necessarily be impotency alone but there may be several other reasons such as temperamental differences, physical imbalance, disease, attitude of neglect or distrust for each other, personal occupations or vices in any of the spouses or it may also be due to family circumstances where opportunities for conjugal meetings may be wanting.
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This is bound to cause sex frustration among the spouses, which in turn results in violation of sex-codes leading to sex delinquency. Significantly, the provisions of Mohammedan law as to marriage, dower and divorce seem to be more elastic and permissive in this regard. The permissibility of four wives to a Muslim husband, provisions of muta marriage and easy modes of talaq (divorce) are in fact meant to mitigate illegal sex indulgence.
In spite of legal restrictions imposed on illegal sex indulgence, the incidence of this vice is on a constant increase. The obvious reason for the upward trend in sex-offences is that sexuality which is bio-physiological phenomenon is as essential to human organism as food or water. In fact life and sex are inseparable.
When harnessed along correct lines, it is a great creative force in all walks of life. That apart, sexual impulse affects all alike whether male or female, rich or poor, educated or illiterate, men of high status or lower status. However, the intensity of sex-emotion among individuals may vary depending on their personal traits and bio-physical factors.
Some persons may by nature be more sexy while others may be relatively passive in response. This difference is due to the condition of gonad glands which are more active in some individuals than in others. These variations in attitude towards sexuality may also depend on physical, cultural or socio-economic environment of individuals.
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Persons of high status, though actuated by sex-desire may not have sufficient courage to spell it out due to the fear of losing their social status whereas those who do not have any real status in society may not hesitate to express their sex-desire and indulge in sex-behaviour because they have no fear of losing their status in society. Thus, sex-crimes arise out of the physiological urge of human beings to satisfy their sexual impulse.
If this basic urge is not pacified through legitimate means, the individual may resort to forbidden sexual acts which eventually result in sexual crime. The problem of prostitution as a worse type of sex delinquency necessarily arises out of this basic consideration about the sex activities of mankind.
Other forms of sex crime are rape, adultery, incest, outraging the modesty of a woman, prostitution, sodomy, pornography/ fornication, homosexuality, exhibitionism, etc. The list is only illustrative and not exhaustive. Obscenity, though not a sex-offence may, however, act as a catalyst for sexual criminality. Minors may also be kidnapped for the purpose of prostitution.
Biologically also, sex is considered as a great analgesic. It cures the sick and makes the healthy, healthier. The amount of harmonal activity that takes place during sexual intercourse is phenomenal and feeds virtually every part of the body by increasing circulation and supply of blood and nutrients to every area of the body. Good sex life keeps one in good shape. It has therefore, been medically established that a good sex life has a number of advantages over sexual frustration or self-imposed sex restraints.