PM And Cabinet Clash With Panel Over Inclusion Of Gay Sex And Adultery In New Criminal Laws

The Union Cabinet has approved Home Minister Amit Shah’s proposal to introduce criminal law amendment bills, replacing outdated pre-colonial laws. Prime Minister Narendra Modi and his office disagreed with two suggestions from the Parliamentary Standing Committee of Home Affairs, specifically on retaining the offence of adultery and criminalizing homosexual sex.

The committee recommended keeping adultery in the Bharatiya Nyaya Sanhita Bill, 2023, but the Supreme Court had previously struck it down in 2018, citing discrimination against women. The committee also proposed penalizing non-consensual acts under Section 377 of the IPC. However, the PMO, Prime Minister, and the cabinet rejected this, resulting in the removal of the Supreme Court judgment on Section 377 from the new bill.

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The Supreme Court had previously criticized the adultery law for treating wives as property, but the parliamentary committee argued for its retention, emphasizing the sacredness of marriage. The PMO and cabinet supported not accepting this recommendation.

Changes to the definition of organized crime and terrorism have been made to align with the 21st century. Despite controversy over the bill names, all three bills are set for consideration and passing in the Rajya Sabha, starting on Wednesday and continuing into the following week.