LI Network
Published on: December 12, 2023 at 00:19 IST
The Union Cabinet has greenlit Home Minister Amit Shah’s proposal to introduce criminal law amendment bills, aiming to replace outdated pre-colonial laws. However, sources reveal a disagreement between Prime Minister Narendra Modi’s office and the Parliamentary Standing Committee of Home Affairs on crucial aspects, including the contentious issues of adultery and criminalizing homosexual acts.
The Parliamentary Committee recommended retaining the adultery offense in the Bharatiya Nyaya Sanhita Bill, 2023, despite the Supreme Court striking it down in 2018.
The Court had ruled that the provision perpetuated gender stereotypes and violated women’s dignity. Another point of contention was the committee’s proposal to penalize non-consensual acts under Section 377 of the Indian Penal Code (IPC), which the Supreme Court had decriminalized for consensual adults. The Prime Minister, his office, and the cabinet rejected this recommendation, aligning with the Supreme Court’s stance.
The Supreme Court’s judgment on Section 377, which decriminalized consensual homosexual acts, has been excluded from the new bill, following the disagreement between the PMO and the Parliamentary Committee.
The Supreme Court had emphasized the need to eliminate provisions criminalizing non-consensual sexual offenses against males, females, transgender individuals, and bestiality.
Addressing the offense of adultery, the Supreme Court had underscored the discriminatory nature of penalizing only the man, treating the wife as the property of the husband. Despite this, the Parliamentary Committee argued in favor of retaining adultery as an offense, citing the sacredness of the institution of marriage. The PMO, Prime Minister, and the cabinet stood firm against accepting this recommendation.
While changes have been made to redefine organized crime and terrorism, paving the way for legislation in line with the 21st century, the controversy over the bill names persists. All three bills are slated for consideration and passage in the Rajya Sabha.