New criminal laws get govt nod, disagrees with Parl panel on adultery, gay sex

According to an NDTV report quoting sources, the Modi government contends that acting on these two suggestions would go against the Supreme Court and its judgements. The Cabinet has turned down the Committee’s recommendations about reinstating adultery laws and refused to reintroduce and retain Section 377 of the IPC.

The Parliamentary Standing Committee on Home Affairs had recently opined that it was necessary to reintroduce and retain Section 377 of the IPC as part of its effort towards gender-neutral offences. It also sought the return of generalised adultery laws in the Bharatiya Nyaya Sanhita.

The government introduced three bills on the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) in the Lok Sabha on August 11 to replace the Indian Penal Code (IPC), 1860, Criminal Procedure Code (CrPC), 1898, and the Indian Evidence Act, 1872, respectively.

The Parliamentary Standing Committee on Home Affairs had recommended the retention of several existing provisions in its November report. It urged the government to retain IPC section 377 provisions related to carnal intercourse with minors and acts of bestiality. The committee headed by BJP MP Brij Lal shared a host of recommendations on provisions related to rape, gang rape and murder. It also suggested that the IPC provision related to adultery should be retained in the Sanhita by making it gender neutral “for the sake of protecting the institution of marriage”.

Home Minister Amit Shah had introduced the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bills in Lok Sabha in August. At the time he had urged the Speaker to refer the measures to the standing committee for threadbare examination.

(With inputs from agencies)

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Published: 11 Dec 2023, 08:30 PM IST