A Law Lecturer at the Kwame Nkrumah University of Science and Technology (KNUST) Ernest Kofi Abochie has stated categorically that the criminal code of the 1992 constitution does not clearly interpret what homosexuality means.
This he believes makes it almost impossible for the act of homosexuality to be considered criminal.
The debate on homosexuality has been renewed following a call by a Health Professional for a national debate on the subject since it is gaining roots in the country.
In an interview with Citi News, the Western Regional Coordinator of HIV/AIDS, Dr. Roland Sowah, homosexuality has almost become part of the society posing a threat to those involved and the society at large.
His comments came on the heels of an alleged gay party in Takoradi which is not the first of its kind to be held. According to him, in Takoradi alone, there are over 2000 registered gays. Dr. Sowah is of the view that the time has come for the country to initiate discussions on the subject.
‘‘We need to talk about it. Whether we like it or not, it has become part of society so what do we do as a country? Which direction are we moving? Some might be bisexual and come in contact with the general population which is bound to spread certain infections. Again they may have surgical problems which might have implications on our health service, so how are we going to handle this? I believe these are the things we have to look at ’’ he noted.
In an interview with Host of the Citi Prime News Patrick Ayumu, Mr. Ernest Abochie said it would be difficult to interpret what homosexuality means in the criminal Code Amendment Act of the 1992 constitution, since the expression is not mentioned.
He explained that the law only uses the expression unnatural canal knowledge which refers to a sexual affair between an animal and a human being which is known as beastiality.
For this reason, he said homosexuality, which is a sexual intercourse between two human beings, could not be equivalent to beastiality and cannot be evidently considered criminal.
‘‘The understanding of what constitutes an unnatural sexual relationship depends on a person’s own personal experiences, the person’s own concept of what is good and bad and morality among others. So from a purely critical and academic point, it is difficult to say that our laws prohibits homosexuality’’ he stated.
‘‘But of course for a lot people in Ghana, sex is between a man and a woman, its conventional, so anything different will be considered wrong but the law doesn’t use the word homosexuality so it cannot be clearly seen as criminal’’.
He said it will only take the court of law to interpret further what the Criminal Code Amendment Act describes as ‘‘Unnatural Carnal Knowledge’’. ‘‘The word natural or unnatural, it’s a very difficult concept, it is a moral thing. What is natural is based on individual preference. I think in my own opinion, there was a legislative error with that concept. Giving the diverse and cosmopolitan nature of our society today, individuals’ sexual orientation is something that is difficult to standardize’’ he added.
He noted that for instance, women could not be found guilty of canal knowledge and observed that the freedom of expression which the constitution talks about includes sexual orientation.
And by this, it appears that the constitution rather endorses various sexual modes.
A Law Lecturer at the Kwame Nkrumah University of Science and Technology (KNUST) Ernest Kofi Abochie has stated categorically that the criminal code of the 1992 constitution does not clearly interpret what homosexuality means.
This he believes makes it almost impossible for the act of homosexuality to be considered criminal.
The debate on homosexuality has been renewed following a call by a Health Professional for a national debate on the subject since it is gaining roots in the country.
In an interview with Citi News, the Western Regional Coordinator of HIV/AIDS, Dr. Roland Sowah, homosexuality has almost become part of the society posing a threat to those involved and the society at large.
His comments came on the heels of an alleged gay party in Takoradi which is not the first of its kind to be held. According to him, in Takoradi alone, there are over 2000 registered gays. Dr. Sowah is of the view that the time has come for the country to initiate discussions on the subject.
‘‘We need to talk about it. Whether we like it or not, it has become part of society so what do we do as a country? Which direction are we moving? Some might be bisexual and come in contact with the general population which is bound to spread certain infections. Again they may have surgical problems which might have implications on our health service, so how are we going to handle this? I believe these are the things we have to look at ’’ he noted.
In an interview with Host of the Citi Prime News Patrick Ayumu, Mr. Ernest Abochie said it would be difficult to interpret what homosexuality means in the criminal Code Amendment Act of the 1992 constitution, since the expression is not mentioned.
He explained that the law only uses the expression unnatural canal knowledge which refers to a sexual affair between an animal and a human being which is known as beastiality.
For this reason, he said homosexuality, which is a sexual intercourse between two human beings, could not be equivalent to beastiality and cannot be evidently considered criminal.
‘‘The understanding of what constitutes an unnatural sexual relationship depends on a person’s own personal experiences, the person’s own concept of what is good and bad and morality among others. So from a purely critical and academic point, it is difficult to say that our laws prohibits homosexuality’’ he stated.
‘‘But of course for a lot people in Ghana, sex is between a man and a woman, its conventional, so anything different will be considered wrong but the law doesn’t use the word homosexuality so it cannot be clearly seen as criminal’’.
He said it will only take the court of law to interpret further what the Criminal Code Amendment Act describes as ‘‘Unnatural Carnal Knowledge’’. ‘‘The word natural or unnatural, it’s a very difficult concept, it is a moral thing. What is natural is based on individual preference. I think in my own opinion, there was a legislative error with that concept. Giving the diverse and cosmopolitan nature of our society today, individuals’ sexual orientation is something that is difficult to standardize’’ he added.
He noted that for instance, women could not be found guilty of canal knowledge and observed that the freedom of expression which the constitution talks about includes sexual orientation.
And by this, it appears that the constitution rather endorses various sexual modes.
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