Centre Struck Down Adultery And Homosexual Sex As Crimes In New Criminal Laws
As the winter session of the Parliament progresses, Central government on Tuesday introduced three new bills replacing existing criminal bills in practice. It was by substituting Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, Centre has introduced three bills – the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 respectively.
In the BNS Bill, the Central government has expressed their disinterest with two suggestions put forward by Parliamentary Standing Committee of Home Affairs to adultery and criminalising of homosexual sex. Though Parliamentary panel recommended keeping of Section 377 of IPC, an act criminisalises homosexuality and Section 497 of IPC, an act criminalises adultery, the Centre proceeded with not including in the amended bill.
Meanwhile, the Parliamentary Committee held that “The institution of marriage is considered sacred in Indian society and there is a need to safeguard its sanctity. For the sake of protecting the institution of marriage, this section(adultery) should be retained in the Sanhita by making it gender-neutral.”
In a path-breaking verdict, Supreme Court in September 2018 has struck down Section 377 and decriminalised consensual adult sex stating that sexual orientation is natural and people have no control on it. Following, the apex court has also decriminialised adultery in the same year and said adultery can be a ground for divorce but not a criminal offence. Through its judgement Court observes that Section 497 denies substantive equality since it sustains the subordinate status attributed to women in marriage and society.
Besides, in the new bills Government introduced some changes to the definition of organised crime and terrorism in bounds with the 21st century. All three amended bills are expected to take up for discussion and passing in the Rajya Sabha on Wednesday and early next week.
