List of British royal residences
Its concern can be seen in one of the first reported cases under Section of the Indian Penal Code to be appealed.
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The Duke and Duchess of Sussex. The Duke of York. Official country residence, leased from the Crown Estate. Princess Beatrice of York. The Earl and Countess of Wessex. The Duke and Duchess of Gloucester. The Duke and Duchess of Kent. Prince and Princess Michael of Kent. Queen Victoria to Elizabeth II — Prince Frederick, Duke of York — Princes Henry and Richard, Dukes of Gloucester —; still owned. Henry I to Edward II ; — Bought and sold in by the trustees representing Princesses Beatrice and Eugenie of York.
Never occupied by the Princesses nor their mother , who claimed that financial difficulties prevented her from running the house Balcombe , West Sussex. South Lanarkshire , Scotland. Edward I until ; still owned.
Newport , Isle of Wight. Leased by The Duke and Duchess of York — Princess Elizabeth ; Anne of Cleves —, c. London home of Princess Mary — — owned by the Estate of Harewood. Owned by the Crown Estate and used as the official residence of the Foreign Secretary since Rented by The Duke and Duchess of York — Prince Edward, Duke of Kent —?
Richard, Duke of Gloucester mid-late 15th century . The Princess Royal , at some point or other, but never owned. Seat of the Duke of Albany — Seat of Lords and Kings of Ireland — Seat of the King of Scots — Punishing it marked out racial and religious identity. The urgency British authorities later showed in transplanting "sodomy" laws into colonial contexts-even before they were fully codified at home-may reflect the legal category's origins. It was a way of segregating the Christian, European self from alien entities that menaced it with infection.
In England, King Henry VIII's break with the Catholic Church in the sixteenth century led to revising much of the country's common law-simply because offenses that had formerly been tried in church courts now had to be heard in secular ones. Many sexual offenses were among them.
A statute, therefore, reiterated the criminalization of "sodomy" as a state rather than Church concern. Under the name of the "detestable and abominable Vice of Buggery committed with mankind or beast," it was punished by death.
The last known execution for "buggery" in England was in The sense of the mysterious, polluting power of "sodomy" or "buggery" complicated the prosaic legal task of coming up with definitions. Precision was dangerous because it flirted with contamination. The jurist Edward Coke, in his seventeenth-century compilation of English law, wrote that "Buggery is a detestable, and abominable sin, amongst Christians not to be named.
Describing "sodomy" precisely was risky, to be avoided. In an British court case that involved a man accused of committing "nasty, wicked, filthy, lewd, beastly, unnatural and sodomitical practices" in the vicinity of Kensington Gardens, the defense objected that the adjectives gave no indication of what the crime actually was.
The Offences Against the Person Act in consolidated the bulk of laws on physical offences and acts of violence into one "modern," streamlined statute-still the basis for most British law of physical assault. It included the offense of consensual and nonviolent "buggery," dropping the death penalty for a prison term of ten years to life. Less well known is that codifying sexual offenses began far earlier, in , when the mandate to devise law for the Indian colony was handed to the politician and historian Thomas Babington Macaulay.
Macaulay chaired the first Law Commission of India and was the main drafter of the Indian Penal Code-the first comprehensive codified criminal law produced anywhere in the British Empire. The colonial environment was the perfect field for experiments in rationalizing and systematizing law. The colonies were passive laboratories. A nineteenth-century historian observed that the Indian Penal Code was a success because there, unlike at home, the British government could express "a distinct collective will" and could "carry it out without being hampered by popular discussion.
Fears of moral infection from the "native" environment made it urgent to insert anti-sodomy provisions in the colonial code. A sub-tradition of British imperialist writing warned of widespread homosexuality in the countries Britain colonized. The explorer Richard Burton, for instance, postulated a "Sotadic Zone" stretching around the planet's midriff from 43 degrees north of the equator to 30 south, in which "the Vice is popular and endemic ….
The European codifiers certainly felt the mission of moral reform-to correct and Christianize "native" custom. Yet there was also the need to protect the Christians from corruption.
Historians have documented how British officials feared that soldiers and colonial administrators-particularly those without wives at hand-would turn to sodomy in these decadent, hot surroundings. Lord Elgin, viceroy of India, warned that British military camps could become "replicas of Sodom and Gomorrah" as soldiers acquired the "special Oriental vices. Macaulay finished a draft Indian Penal Code in , though Indian resistance and English hesitation meant that an approved version did not come into force until Introducing the text in an speech, he discussed the clauses in detail-except when, reaching his version of the anti-sodomy provision, he showed a traditional discomfort that drafters had to speak to such distasteful issues:.
Despite this, however, Macaulay tried in fact to rationalize the British offense of "buggery. Macaulay came up with a broader definition of the violation of the "order of nature," involving any kind of offending "touch. Two clauses pertained to "Unnatural Offences," distinguished by the element of consent:. The "injunction to silence"  that Coke and other jurists had promoted around the vocabulary of "sodomy" continued to be powerful, however. When the final draft of the Indian Penal Code came into force in , the "Unnatural Offences" section was modified.
The ultimate, historic text-which, in one form or another, influenced or infested much of the British Empire-read:. The reasons for the change remain unclear, but its effects are evident.
On the one hand, this version went back to the outlines of the old standard of "buggery," replacing the reference to "touching" with the criterion of "penetration. These in turn let future colonial and post-colonial jurists redefine what these provisions actually punished. In principle, stipulating that the act had to be "voluntary" meant the victim of forcible "carnal intercourse" could not be criminalized.
But the other actor received the same punishment, and was guilty of the same offense, whether the act was forcible or not.
Despite the code's modern pretensions, the provision offered no differing standard of harm based on the use of force. Thus the separate Penal Code provision addressing rape Section remained restricted to a man's rape of a woman.
No distinct criminal offense was entailed in a man's sexual assault on another man; it was simply lumped with consensual offenses in Section Section also had no separate provision or protection prohibiting an adult male from having sexual relations with a male child.
That offense, too, was contained in without distinction. As a result, India-along with other countries from Zambia to Fiji with legal systems affected by the Indian Penal Code-was left without laws fully covering rape or child protection. To the drafters, the act of "sodomy" itself was so horrible that the harm seemed uniform: As the next chapter notes, it found fodder in medical myths that supposed the "habitual" sodomite prone to literal physical deformation.
Section was exported to, and modified in other British colonies, and reinterpreted by their courts. They show again how colonial law was a field for exploring the meaning of an old British standard. As the law was applied in British colonies in subsequent years, one project was to redefine the scope of "penetration"-and ensure the provision would criminalize as broad a range of acts, and partners, "against the order of nature" as possible.
Thus the figure of the "homosexual" could easily be linked and assimilated-in popular thinking as well as before the law-to violent sexual criminals. Finally, the "modernization" of British law in the Indian Penal Code was almost immediately exported back to Britain itself. The Offences against the Person Act dropped the death penalty for the "abominable crime of buggery," imposing a sentence modeled on that in the IPC.
British law at home underwent a further refinement in , during a revision of laws on the "protection of women, girls [and] the suppression of brothels. When finally passed, it punished "Any male person who in public or private commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person," with two years at hard labor.
Unlike the "buggery" law, the Labouchere Amendment also explicitly extended to private acts. The press quickly dubbed it the "blackmailer's charter. Labouchere's law acknowledged that two men could practice many other sexual acts than "sodomy.
Labouchere's provision came too late to be introduced in the Indian Penal Code itself. However, subsequent colonial codes incorporated versions of it, including codes that derived from the IPC.
It appeared in the Sudanese Penal Code in , and in the influential penal law of Queensland in the same year. Malaysia and Singapore received the gross indecency provision jointly through an amendment in Further, though Labouchere's innovation only spoke of male-male sex, some governments have made "gross indecency" apply to sex between women-by dropping the "male" before "person" as detailed below in chapter IV.
Each territory took over the newest version, one legal historian writes, "improving and bringing them up to date, and the resulting product [was] then used as the latest model for an enactment elsewhere. British East Africans, for instance, protested a policy of placing "white men under laws intended for a coloured population despotically governed.
Its version of Section reads:. Similarly, while the Sudanese code adopted the "gross indecency" provision, it only punished it when non-consensual. The QPC introduced into the IPC's version of "unnatural offences" the category of the "passive" sexual partner-the one who "permits.
This eliminated one of the ambiguities in the IPC, making clear that both partners in the act were criminal. The QPC also widened the ambit beyond "penetration," by introducing an independent provision for "attempts to commit unnatural offences. The chief justice of Northern Nigeria, H. Gollan, then decided to adopt it as the model for his colony's penal code, which came into force in It then became the subject of bureaucratic battles between colonial administrators; officials in Southern Nigeria were divided between proponents of the QPC and supporters of the Indian Penal Code.
In , two years after Nigeria combined into a single colony, a common criminal code based on the QPC was adopted. That process reveals a point. Despite the claims of modern political leaders that anti-sodomy laws represent the values of their independent nations, the Queensland Penal Code spread across Africa indifferently to the will of Africans.
The whims, preferences, and power struggles of bureaucrats drove it. A legal historian observes that the "personal views and prejudices" of colonial officials, rather than any logic or respect for indigenous customs, led to replacing IPC-based codes with QPC-based codes in much of the continent.
The versions of "unnatural offences" that spread with the QPC now encompassed a variety of acts: Nigeria did offer variations from the trend. Its version narrowed "carnal knowledge" to exempt sex between "a husband and wife," making clearer what it understood by the "order of nature.
Three generalizations arise from the confused history of "carnal knowledge" in colonial penal codes. Why was criminalizing consensual homosexual conduct important to the colonial, and post-colonial, state? No single explanation can describe what happened-what is still happening-in places as distant and different as Zambia and Singapore. One hint, though, lies in the other laws and practices colonizers imported along with anti-sodomy provisions.
Those provisions were part of a package, one that extended the "civilizing," reforming mission-and the power and the knowledge-of the still-tenuous colonial apparatus over both broader and more intimate areas of life.
The state rigidly policed the public sphere and people's bodies. Many of its mechanisms are still working. Vagrancy laws target people whom officials see as wandering or loitering with no purpose.
Beyond that, though, they help to rid the public sphere of people not wanted there: And not every "wanderer" qualifies as a target. Enforcement usually aims selectively at despised groups such as migrant laborers, the poor, the homeless, beggars, travelers, or street children. In Europe for centuries, legal and administrative measures controlling "vagrancy" criminalized poverty, to keep it and the effects of economic dislocation out of sight.
A act required "Rogues, Vagabonds, or sturdy Beggars" to "be grievously whipped, and burnt through the gristle of the right Ear with a hot Iron. Anyone begging or sleeping out, as well as appearing to engage in prostitution or acts associated with a "disreputable mode of life," could be convicted as "idle and disorderly" and sentenced to two weeks' hard labor.
Multiple convictions, or conspicuous poverty, led one to be classed as a "rogue and vagabond" or, worse, an "incorrigible rogue," in a descending ladder of permanent legal stigma. In California, for instance, a s legal change revised the former common-law definition of a vagrant as "a wanderer from the place where he worked," to one where any "idle, or lewd or dissolute person" could be classed as vagrant.
The law was a model for equally broad criminalization of "vagrancy" throughout British colonies. Most such colonial-era laws used the same tripartite distinction between "idle and disorderly persons," repeat offenders who are "rogues and vagabonds," and "incorrigible rogues"; many laws heightened punishments over their British forebear. And most of these laws still remain in effect. Zambia's Penal Code, for example, makes any "idle or disorderly person" including "every person who, without lawful excuse, publicly does any indecent act" liable to a month in prison; a repeat conviction can cause one to "be deemed a rogue and vagabond" with a far steeper sentence.
These categories give the government wide latitude to control public expression Section 27 of the public nuisance law in Singapore includes under "rogues and vagabonds" people who show "any obscene print, picture or other indecent exhibition" as well as almost any other conduct in public. In Zambia, "rogues and vagabonds" include "every person found wandering … in any public place at such time and under such circumstances as lead to the conclusion that such person is there for an illegal or disorderly purpose.
In the colonies, these laws both served the "civilizing mission" and gave police enough power to punish almost any behavior, or people, they wanted. Sexual conduct-or sexualized identities-were among those singled out. The Sudanese Penal Code is an instructive instance.
As noted earlier, this code, unique among British colonial laws, did not punish consensual sodomy. It compensated, however, by creating a new identity within the "habitual vagabond": The code listed seven types of "vagabonds," one of them the "catamite," defined as a "any male person who 1 dresses or is attired in the fashion of a woman in a public place or 2 practises sodomy as a means of livelihood or as a profession.
A person's clothing became not only criminal in itself, but potentially the sign of a criminal sexual history. One legal commentator clarified that "catamite" meant a "habitual" practitioner of sodomy, adding that "it is not necessary to prove when and where any individual act of this nature occurred. In Europe, vagrancy laws targeted the poor, but rarely had an explicitly racial side. These laws regulated the movements, and controlled the conduct, of the non-white population.
In British India, moreover, legislation notoriously marked out whole tribal and other groups as intrinsically, unchangeably criminal. The Criminal Tribes Act of in India, inspired by vagrancy laws, defined certain tribal communities collectively as dacoits, thieves, and undesirables. These provisions are a high-water mark in European legal racism. All members of criminal tribes had to register individually with the authorities; non-registration could lead to prosecution.
Once registered, the tribe member's movements were restricted to authorized areas, and she or he could be arrested if found outside them-or even inside them, if discovered in suspicious circumstances-with a penalty up to three years in prison.
British authorities associated nomadism not only with crime but with sexual immorality. The criminal tribes "implied absolute licentiousness" to the colonizers, one historian notes.
Along these moralizing lines, authorities amended the Act in expressly to include "eunuchs" as a notified group. A eunuch was "deemed to include all members of the male sex who admit themselves, or upon medical inspection clearly appear, to be impotent.
Hijras -possibly derived from the Urdu word ezra meaning a nomad or wanderer-form a large community of people in India who, born male, live their lives as female or third-gender. In many traditional Indian cultures they had a defined and permitted social niche. The law denied eunuchs legal personhood, including the rights to draw up a will or to adopt children.
Local authorities had to keep a register of all eunuchs "reasonably suspected" of "committing offences under Section of the Indian Penal Code.
The British considered hijra communities in India a "distasteful nuisance. It showed how the vagrancy and sodomy provisions stemmed from the same motive: Colonial vagrancy laws ultimately made the "personal condition" of being a hijra a criminal offence.
One Indian human rights organization observes that. The categories of the vagrant catamite and criminal eunuch allowed the state to arrest people on the presumption of sodomy, without proof of an actual act. Being, or looking like, a certain kind of person became the basis for harassment, arrest, detention, and abuse. Its concern can be seen in one of the first reported cases under Section of the Indian Penal Code to be appealed.
Khairati  in , the sessions judge convicted the anonymous hijra defendant called only Khairati or beggar under , on the charge "that he, within four months previously to the 15th of June , the exact time it being impossible to state, did in the district of Moradabad abet the offence of sodomy, by allowing some unknown person to commit the offence of sodomy on his person.
The trial court stated that"he is shown to have the characteristic mark of a habitual catamite - the distortion of the orifice of the anus into the shape of a trumpet … which distinctly points to unnatural intercourse within the last few months. The lower court stated that "the three facts proved against the accused-his appearance as a woman, the misshapement [of the anus], the venereal disease-irresistibly lead to the conclusion that he has recently subjected himself to unnatural lust.
However, the judge called official attempts at "checking these disgusting practices … laudable. In Khairati, the first court took the forensic evidence as proof that sodomy definitely had happened at a prior time.
Despite the appeals judge's demand for specificity, the authorities' "laudable" medical endeavors would continue-and would gain general acceptance as evidence. The full impact of sodomy laws cannot be understood by looking at the legal offence alone. Evidentiary requirements to prove the offence of sodomy have helped to establish the state's authority over the suspect body, as well as to create the criminal identity of the homosexual.
All sexual offences give the state unusual power to undertake interventions directly into people's bodies: Thus, for example, forensic medical experts must examine a rape victim-especially in common-law countries-to search for physical injuries or other signs of assault.
Forensic doctors also helped establish regimes for the control of sex workers. The various nineteenth-century Contagious Diseases Acts enacted in Britain and throughout its colonies created the category of the "common" or habitual prostitute. Under those acts, women's bodies were subjected to brutal medical exams.
A diagnosis of venereal disease was the equivalent of criminal conviction, and led to jailing. Forensic medicine in the Victorian era also invented elaborate, imaginary sets of signs to find the "habitual sodomite. The French forensic doctor Auguste Ambroise Tardieu published his hugely influential treatise on identifying the prostitute and the "pederast" in Six infallible signs, he believed, marked out the latter: Human Rights Watch has documented examinations to detect such imaginary deformations, in countries from Egypt to Zimbabwe.
They invade bodily privacy. Conducted without consent in carceral conditions, they are torture. The theories underlying them are medically worthless. Various Indian forensic-medical experts followed the writings of Tardieu and Glaster, adding new parameters based on their own understanding of the "difference" in sodomites's bodies. They claimed the "catamite" or "sodomite" as a scientifically separate manner of person, physically distinct.
Ejaz Ahmed, for example, points to the "patulous state of the anus, and the destruction of the folded or puckered state of the skin in this part. He lists "the shaving of the anal hair but not necessarily the pubic hair" as evidence to impugn a habitual, passive sodomite. These conjectures by forensic writers are not attempts to document single sexual acts, but to infer life histories and an identity. Emperor the defendantused the un -infundibuliform, un marked character of his anus to maintain he had an un-criminal past.
Minwalla was caught in the act of anal sex with another man. To exonerate himself, he submitted to a medical examination to convince the court his anal orifice was not shaped like a funnel. The appeals court confirmed Minwalla's conviction but with a reduced sentence, mindful that the physical examination suggested this had been a momentary lapse rather than a habitual identity. Much as women's sexual histories can be manipulated to deny them protection in rape cases, the status of a "habitual sodomite" means, in effect, losing the right to refuse consent.
Pakistan inherited the Indian Penal Code and retains Section ; in the s, however, the government's program of Islamizing national law also introduced the offence of zina, which among other things punishes sex between men when coupled with abduction.
The medical examination of the accuser, though, found his anus "moderately funnel shaped and he appeared to be a habitual passive agent. The view that he willingly participated in sex "received support from the medical evidence that he appeared to be a habitual passive agent. Forensic medical exams display the particularity to which the state descends when it tries to parse out the specifics and the evidence of sexual acts.
The story of how courts in the colonial period and beyond interpreted the various versions of Section also shows state authorities stuck in morasses of sexual detail. Together, they exhibit the logical gymnastics states get into in defining the line between permissible and punishable sexual acts-and trying to keep a rationale for the distinction. One distinction that never mattered much, in "unnatural offences," was the axis of consent.
Most of the surviving jurisprudence under colonialism and since independence what reached the law reports were largely cases on appeal, undoubtedly representing only a fraction of convictions deals with charges of non-consensual sodomy. Nearly universally-as one Zimbabwean legal expert writes-the fact that " an assault possibly violent has taken place is of secondary importance" to the court.
It also reaffirms that "the non-existence of a victim," where there was consent, is no hindrance to prosecution. In s India, police captured a young man called Ratansi while he and another man were trying to have sex.
In court, Ratansi did not deny it. The furious judge called him a "despicable specimen of humanity," addicted to the "vice of a catamite" on his own admission. Yet the judge could not punish the two accused: A gap yawned between his repulsion at the arrested men, and the evidentiary limits his understanding of the statute demanded.
Conviction required penetration, and physical or other proof. Much of the later jurisprudence around Section , in the many places where it was enforced, would try to close that gap: What counted as "unnatural" and, as one commentator observes, "what counted as penetration continued to be an ongoing, arbitrary, and unsystematic discussion" across courts and countries. One of the first Indian cases to reach the law reports on appeal, though, reflected what was probably the usual judicial understanding.
The phrase meant anal sex, since "the act must be in that part where sodomy is usually committed. The Indian case of Khanu v. Emperor  took the first step toward redrawing the boundaries of Section It became, for a long time, the guiding judgment on interpreting through British colonies in South Asia, East Asia, and East Africa. The case involved forcible oral sex between an adult male and a minor.
The non-consensual nature of the act played no role in the appeals decision. The only question that concerned the court was whether oral sex was an unnatural carnal offence under Section The first defined the order of nature in sex as "the possibility of conception of human beings": The colonial court's complete divorce from the Indian context-its reliance on purely European traditions of sexual propriety, which conflated nature with procreation-could not have been clearer.
Nor did the court consider that other forms of penetrative sex for instance, using birth control also foreclosed the "possibility of conception. As long as there is an orifice the mouth to enclose the "visiting member," there can be carnal intercourse.
When it cannot lead to procreation, there is an "unnatural offence. Khanu opened the way to bringing other acts under the scope of Section For example, a case from East Pakistan present-day Bangladesh found that the identical provision in the Pakistan Penal Code criminalized what it called "thigh sex.
The post-independence Indian case of Lohana Vasantlal also followed and modified the Khanu decision. However, the judgment neglects the injury caused to the boy who was forced to undergo the sexual act: Instead the court concentrated on including oral sex under As with other appealed cases involving coerced sex, the court's reasoning would apply seamlessly to consensual acts.
Lohana Vasantlal agreed with Khanu in finding oral sex unnatural: Its main source, tellingly, came from the UK: Following him, it argued that oral sex might be permissible if it was part of foreplay leading to "natural" vaginal sex: Berühmte Personen Städte wie London.
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