Parliamentary Panel: The Parliamentary panel reviewing three bills introduced by Union Home Minister Amit Shah is considering recommending the reinstatement of Section 377 and the criminalization of adultery in India, according to reports.
The Parliamentary Standing Committee on Home Affairs has reportedly drafted a report suggesting the revival of the Adultery law and the criminalization of non-consensual sexual acts involving men, women, transpersons, and bestiality. Despite requests for Hindi and English names for the bills, the committee is likely to recommend retaining the name ‘Bharatiya Nyay Sanhita.’
Additionally, the draft report proposes reducing the punishment for unauthorized protests or demonstrations from the current two years to a maximum of one year. It also suggests increasing the punishment for cases of death due to negligence from the current six months to five years.
Review of Three Bills
The Parliamentary Standing Committee on Home Affairs, headed by Bhartiya Janata Party (BJP) MP Brij Lal, is reviewing three bills introduced by Amit Shah in the parliament: The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023. These bills aim to replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.
Background on Section 377 and Adultery Laws
Section 377 of the Indian Penal Code criminalized sexual acts “against the order of nature,” including homosexual activity, and was used to prosecute individuals for engaging in such acts. However, this law was struck down in 2018 by the Supreme Court of India. After the removal of Section 377, there was no provision addressing non-consensual sexual acts involving various groups, which the committee’s recommendations aim to address.
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