In a pivotal move to reform India’s criminal laws, the Parliamentary Standing Committee on Home Affairs has made several key recommendations for the Bharatiya Nyaya Sanhita, a new bill introduced by the Union Government aiming to replace the Indian Penal Code (IPC). These recommendations include the retention and modification of certain controversial sections of the IPC, reflecting a balance between traditional values and modern legal principles.
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Retaining Adultery as a Gender-Neutral Offense
The Committee has proposed that the offense of adultery, previously under Section 497 of the IPC and struck down by the Supreme Court in 2018 for being discriminatory towards women, should be retained in a gender-neutral form. The Supreme Court had found the original provision unconstitutional in Joseph Shine v. Union of India, noting that it treated a wife as a “property” of the husband and only penalized the man. The Committee, however, believes that the institution of marriage is sacred in Indian society and should be protected by law.
“For the sake of protecting the institution of marriage, this section should be retained in the Sanhita by making it gender neutral,”
the Committee recommended.
Opposition MP P Chidambaram expressed dissent to this proposal, stating,
“Adultery should not be a crime. It is an offence against marriage which is a compact between two persons; if the compact is broken, the aggrieved spouse may sue for divorce or civil damages. To raise marriage to the level of a sacrament is outdated. In any event, a marriage concerns only two persons and not society at large. The State has no business to enter into their lives and punish the alleged wrongdoer.”
Recommendations on Section 377 IPC
The Committee also recommended retaining Section 377 of the IPC in the new bill to penalize non-consensual acts. While the Supreme Court decriminalized homosexual sex between consenting adults in Navtej Johar v. Union of India, the Committee feels it is essential to retain this section for non-consensual sexual offenses against all genders and for bestiality.
“The Committee feels that to align with the objectives stated in the BNS’s Statement of Objects and Reasons, which inter-alia highlights the move towards gender-neutral offences, it is mandatory to reintroduce and retain the section 377 of the IPC,”
the Committee noted.
Other Key Recommendations
The Committee has also suggested several other amendments and definitions to strengthen the bill. These include defining terms like ‘community service,’ ‘gang,’ ‘mafia,’ ‘crime ring,’ and specifying the nature of community service and the responsibility for supervising it. Additionally, the Committee recommended rephrasing the term ‘mental illness’ to ‘unsound mind’ to avoid legal complications during trials.
The introduction of these bills marks a significant step in the overhaul of India’s criminal justice system, aiming to modernize and make it more inclusive and equitable. The Bharatiya Nyaya Sanhita, along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill, were introduced by Union Home Minister Amit Shah and referred to the Standing Committee on Home Affairs for further deliberation.
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