Abstract
According to the traditional Judeo-Christian moral and ethical standards, which conceive of sex in purely functional terms, i.e., for the purpose of procreation only. Now days the legislation criminalizing consensual oral and anal sex is outdated and has no place in modern society. By criminalizing private, consensual same-sex conduct, some countries in the world’s penal laws serves as the weapon for police abuse; detaining and questioning, extortion, harassment, forced sex, payment of hush money; and perpetuates negative and discriminatory beliefs towards same-sex relations and sexuality minorities. This sodomy laws thus creates a class of vulnerable people that is continually victimized and directly affected by the provision as well as sexuality minorities. The inalienable component of right to life, the pursuit of happiness encompassed within the concepts of privacy, human dignity, individual autonomy and the human need for an intimate personal sphere require that privacy dignity claim concerning private, consensual, sexual relations are also afforded protection within the ambit of the said fundamental right to life and liberty. There is almost unanimous medical and psychiatric opinion that homosexuality is not a disease or a disorder and is just another expression of human sexuality.
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