Parliamentary Panel May Recommend Re-Criminalizing Adultery to Government

A parliamentary committee in India is reportedly considering recommendations to overhaul colonial-era criminal laws, including the re-criminalization of adultery and criminalization of non-consensual sex between individuals, regardless of gender identity. This committee is examining three bills to replace key legal codes: the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, with proposed new laws named Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, respectively.

Regarding adultery

The proposed changes are notable. Regarding adultery, the committee is expected to suggest reinstating the criminalization of adultery, which was struck down by the Supreme Court in 2018. This might involve either restoring the previous law or passing a new one. The 2018 Supreme Court ruling argued that adultery should not be a crime but could be grounds for a civil offense such as divorce.

If the committee’s recommendations are adopted, the law on adultery would likely be made gender-neutral, meaning both men and women could face punishment for engaging in adulterous relationships without their spouse’s consent. The rationale for this change is said to be the protection of the institution of marriage.

Section 377

Additionally, the committee has discussed Section 377, a British-era provision that criminalized homosexuality. In 2018, the Supreme Court decriminalized Section 377, but the committee is reportedly considering recommending its reintroduction and retention, particularly for cases involving non-consensual sexual acts with adults, acts with minors, and bestiality.

Other recommendations

Other potential recommendations from the committee include increasing the punishment for deaths due to negligence from six months to five years and reducing penalties for unauthorized protests from two years to 12 months. The committee is also likely to suggest retaining the name “Indian Penal Code.”

It’s important to note that these are proposed recommendations and must go through the legislative process before becoming law. The next committee meeting is scheduled for November 6, where further discussions may take place.