On Gay Sex, Adultery In New Criminal Laws, PM, Cabinet Disagree With Panel

The Union Cabinet has given the go-ahead to Home Minister Amit Shah to introduce the criminal law amendment bills, which are set to replace old pre-colonial criminal laws, people familiar with the matter said.

Prime Minister Narendra Modi and his office have disagreed with two suggestions made by the Parliamentary Standing Committee of Home Affairs as they would have far-reaching consequences and would have been seen as against the Supreme Court and its judgments, sources said.

The committee had recommended that the offence of adultery be retained in the Bharatiya Nyaya Sanhita Bill, 2023. The Supreme Court had, however, struck down this offence in 2018, saying it discriminated against women, perpetuated gender stereotypes, and diminished the dignity of women.

Another recommendation of the standing committee was to penalise non-consensual acts under Section 377 of the Indian Penal Code (IPC). Even though the Supreme Court has struck down the criminalising of homosexual sex between consensual adults, they have asked for this provision to be retained in the new bill, saying no provision for non-consensual sexual offence against male, female, transgender and for bestiality has been made.

The Prime Minister, his office (PMO) and the cabinet have agreed with not accepting this recommendation, and so the Supreme Court judgment on Section 377 of the IPC has been removed.