New Delhi, Nov 10: The Parliamentary Standing Committee on Home Affairs has recommended to the government to retain IPC section 377 provisions related to carnal intercourse with minors and acts of bestiality in the proposed Bharatiya Nyaya Sanhita (BNS).
It also suggested that the IPC provision related to adultery should be retained in the Sanhita by making it gender neutral “for the sake of protecting the institution of marriage”.
The committee, headed by BJP MP Brij Lal, examined the BNS and two other proposed laws that will replace the related colonial-era legislations and submitted its report to the Rajya Sabha on Friday.
It also made a host of recommendations on provisions related to rape, gang rape and murder, among others.
The government introduced three bills on the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) in the Lok Sabha on August 11 to replace the Indian Penal Code (IPC), 1860, Criminal Procedure Code (CrPC), 1898, and the Indian Evidence Act, 1872, respectively. In its report, the parliamentary panel said it observes that a five-judge bench of the Supreme Court unanimously held that Section 377 of the IPC is in violation of Articles 14, 15, 19, and 21 of the Constitution.
Provisions of Section 377, however, remain applicable in cases of non-consensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality.
However, now, in the Bharatiya Nyaya Sanhita, no provision for non-consensual sexual offence against male, female, transgender and for bestiality has been made.
The committee feels that to align with the objectives stated in the BNS Statement of Objects and Reasons, which inter-alia highlights the move towards gender-neutral offences, it is mandatory to reintroduce and retain Section 377 of the IPC.
The committee, therefore, recommends to the government to include Section 377 of IPC in the proposed law.
On IPC provision on adultery (Section 497), the committee noted that the Supreme Court struck it down as it violated Articles 14, 15, and 21 of the Constitution.
The court held that this law was archaic, arbitrary and paternalistic and infringed upon a woman’s autonomy, dignity and privacy.
“In this regard, the committee is of the view 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 should be retained in the Sanhita by making it gender neutral,” it stated.
The committee appreciates that the proposed Sanhita has raised the age of sexual consent for married women from 15 to 18 years with certain exceptions. (PTI)
