Indian Parliament to Propose Re-Criminalizing Adultery and Non-Consensual Sex.
New Delhi: A parliamentary committee in India is poised to recommend the re-criminalization of adultery and the criminalization of non-consensual sex between individuals of all genders, marking a potential overhaul of colonial-era criminal laws.
The move comes as the committee examines three bills aimed at replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, respectively.
The bills were introduced by Union Home Minister Amit Shah and have been entrusted to the Standing Committee on Home Affairs, chaired by BJP MP Brij Lal, for thorough examination within a three-month deadline.
On the matter of adultery, the draft report is expected to propose its criminalization once again, either by restoring the law invalidated by the Supreme Court in 2018 or by enacting a new law.
The Supreme Court’s 2018 verdict stated that “adultery cannot and should not be a crime” and can only be a ground for civil offenses or divorce. The law that was struck down had labeled a man having sex with a married woman, without her husband’s consent, as a criminal act, with the man potentially facing a five-year prison sentence if convicted.
The woman involved would not be subject to punishment.
The yet-unpublished draft report suggests that, for the preservation of the institution of marriage, Section 497 of the IPC (Indian Penal Code) should be reinstated in the Sanhita, but in a gender-neutral form, implying that both the man and the woman could face legal consequences.
The committee also discussed Section 377, a British-era provision that had criminalized homosexuality and was also invalidated by the Supreme Court five years ago. It is anticipated that the committee will advise the government to reintroduce and maintain Section 377 of the IPC.
The committee’s argument centers on the fact that Section 377’s provisions, despite being found in violation of several constitutional articles by the court, remain applicable in cases of non-consensual sexual acts with adults, all forms of sexual acts with minors, and acts of bestiality.
Other expected recommendations include increasing the punishment for negligence-related deaths from six months to five years and reducing penalties for unauthorized protests from two years to 12 months. Furthermore, the committee is likely to propose retaining the name “Indian Penal Code.”
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