http://www.thehindu.com/todays-paper/tp-features/tp-metroplus/an-appeal-to-nature/article5587539.ece#.UtvvpfL4HIs.gmail

January 18, 2014
An appeal to Nature

Section 377 of the Indian Penal Code criminalizes sexual activities
“against the order of nature,” even if conducted voluntarily with man,
woman, or animal. Many politicians and a number of religious leaders claim
homosexuality is unnatural and welcomed the Supreme Court judgment. LGBT
activists rebut it by citing references to animal homosexuality to prove
its naturalness.

There are two issues here: Is homosexuality natural? Should nature be the
guiding force of human behaviour?

Section 377, drafted in 1860, has its roots in Victorian English morality
and understanding of nature. Sex was thought to be mainly for procreation,
and any form of non-reproductive sex was taboo.

For many years, biologists didn’t report homosexual behaviour in animals
because they were embarrassed or didn’t want to be embroiled in
controversy. Dr. George Murray Levick, a surgeon and officer in the British
Antarctic Expedition of 1910, was so scandalised by the homosexual
behaviour of Adélie penguins, he wrote a part of his notes in code in the
Greek alphabet. Only 100 copies of his manuscript, *Sexual habits of the
Adélie penguin* , were printed for private circulation and expressly marked
in bold typeface ‘Not for Publication.’

Even though biologists continue to have a rough time when they report
same-sex behaviour in animals, we now know such behaviour is widespread.
Almost every creature that reproduces sexually also performs same-sex. But
assuming anything that occurs in the animal kingdom is good is a slippery
slope.

Devising laws based on this fallacy is worse. Orangutans, penguins, and a
whole lot of other animals rape. Large cats kill their own kind. Mallard
ducks commit necrophilia. These are all arguably natural, basic instincts.
But we abhor such behaviour. Many people adopt others’ children, a rare
event in the animal world. Some birds have to be tricked into incubating
and rearing cuckoo chicks. Perhaps we shouldn’t look at the entire animal
kingdom, but instead examine our closest primate relatives, bonobos.

Bonobos hardly ever fight within a troop, or declare war against a
neighbouring one. They resolve any potential conflict-prone situation with
sex. Sex can be female-female, male-female, or male-male. All members of
the species are bisexual. Yet, the widespread conflict in most human
societies makes us seem aggressive like chimpanzees. Is one of these
behaviours more artificial than the other?

Which animal sends its children to school? Does any animal leave its home
range to travel to another side of the planet to reside for weeks in a
contrived ritual called holiday? No animal looks after its old, weak, and
non-productive parents and grandparents, nor does any creature practise
contraception and abortion. Are these unique behaviours artificial and
contrived? Should they be criminalized?

Clearly, there are some condemnable natural acts and some commendable
unnatural ones. Can we infer moral lessons from nature? No. The
natural-as-good label may be appropriate for shampoo but not for the way we
behave. Humans aren’t extraterrestrials. We share an evolutionary heritage
with other living creatures on this planet. When homosexuality and
bisexuality occur widely in nature, it’s no surprise it occurs in humans as
well.

According to the ninth edition of Black’s Law Dictionary, ‘nature’ is: “(1)
A fundamental quality that distinguishes one thing from another; the
essence of something. (2) A wild condition, untouched by civilization. (3)
A disposition or personality of someone or something. (4) Something pure or
true as distinguished from something artificial or contrived. (5) The basic
instincts or impulses of someone or something.”

Do same-sex relationships exist in the wild, untouched by civilization?
Yes. Is homosexuality artificial or contrived? No. Is homosexuality a basic
instinct or disposition for some? Yes. Then, how can anyone conclude
homosexuality is against the order of nature? No animal is homophobic. So
if anything is against the order of nature, it’s homophobia.


-- 
Peace Is Doable

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