PM's office disagrees with criminalising adultery, homosexual sex
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New Delhi: The Union Cabinet has approved the law amendment bills submitted by the Parliamentary Standing Committee of Home Affairs. However, Prime Minister Narendra Modi and his office have disagreed with two suggestions regarding adultery and the criminalisation of homosexual sex, NDTV reported.
The PMO stated that the two would have far-reaching consequences since they would stand against the Supreme Court and its judgements.
As per the standing committee, the offence of adultery should be retained in the Bharatiya Nyaya Sanhita Bill, 2023. However, the top court had struck down adultery, observing that it discriminated against women, perpetuated gender stereotypes and diminished women’s dignity. The top court had observed that a wife was treated like the property of the husband by only penalising the man in disregard to the autonomy of the woman. NDTV reports that the parliamentary committee viewed the institution of marriage as sacred and required to be safeguarded in India and made gender-neutral.
The second one was criminalising non-consensual acts under Section 377 of the Indian Penal Code (IPC). The apex court has decriminalised consensual sex between homosexual adults, but the committee chose to suggest the retention of penalising non-consensual sex among males, females, transgender, etc.
Further, changes have been brought to the definition of organised crime and terrorism, aligning with the 21st century.
NDTV reports that the three bills are expected to be tabled and passed on Wednesday and early next week in Rajya Sabha, respectively. This may open the way to new criminal law bills, but there is still controversy over the names of the bills.