LI Network
Published on: November 13, 2023 at 12:05 IST
The Parliamentary Standing Committee on Home Affairs has suggested retaining the offence of adultery in the proposed Bharatiya Nyaya Sanhita, the bill aiming to replace the Indian Penal Code.
This recommendation follows the Supreme Court’s 2018 decision striking down Section 497 of the Indian Penal Code, which criminalized adultery, deeming it unconstitutional due to gender discrimination.
The committee emphasized the sacredness of marriage in Indian society and proposed making the adultery section gender-neutral to protect the institution of marriage. This move aligns with the bill’s objective of introducing gender-neutral offenses.
Additionally, the committee advised retaining Section 377 of the Indian Penal Code, previously invalidated by the Supreme Court in Navtej Johar v. Union of India for criminalizing homosexual acts between consenting adults. The committee suggested reinstating this section in the new bill to address non-consensual acts, aligning with the bill’s focus on gender-neutral offenses.
Furthermore, the committee stated the bill for introducing ‘community service’ as a mode of punishment for minor offenses but recommended a clear definition of the term and the inclusion of provisions for supervision of community service punishments.
The committee also proposed a change in terminology, suggesting replacing ‘mental illness’ with ‘unsound mind’ in the bill, arguing that the current term is overly broad and could include mood swings or voluntary intoxication, potentially leading to misuse during trials.
