Cabinet Approves Replacement of Old Criminal Laws, Amid Controversies

Cabinet Approves Replacement of Old Criminal Laws, Amid Controversies

VoM News Desk | December 11, 2023 | 05:19 PM IST | Politics | Follow on Google News

Cabinet Approves Replacement of Old Criminal Laws, Amid Controversies Image/ANI

Cabinet Approves Replacement of Old Criminal Laws, Amid Controversies

The Union Cabinet has granted Home Minister Amit Shah the green light to introduce amendments to the existing criminal laws, intended to replace archaic pre-colonial legislations, according to sources familiar with the matter.

However, disagreements have arisen between Prime Minister Narendra Modi’s office and the Parliamentary Standing Committee of Home Affairs over two key suggestions, citing potential implications contrary to the Supreme Court’s judgments.

One area of contention pertains to the offence of adultery. The Committee proposed retaining this offence in the Bharatiya Nyaya Sanhita Bill, 2023, despite the Supreme Court’s 2018 ruling that struck it down for perpetuating gender stereotypes and undermining women’s dignity.

Additionally, the Committee recommended penalizing non-consensual acts under Section 377 of the Indian Penal Code (IPC), which was invalidated by the Supreme Court for consensual homosexual sex between adults.

However, the committee suggested retaining the provision for non-consensual sexual offences involving males, females, transgender individuals, and bestiality.

This stance has been dismissed by the Prime Minister’s office, resulting in the removal of Section 377 as per the Supreme Court’s judgment from the new bill.

Regarding the adultery offense, the Supreme Court had highlighted its discriminatory nature against women, echoing the need to respect women’s autonomy within the institution of marriage.

Conversely, the Parliamentary Committee advocated for preserving the sanctity of marriage as a sacred institution in Indian society, endorsing a gender-neutral approach.

The PMO, Prime Minister, and the cabinet supported the decision against accepting this recommendation.

Furthermore, modifications have been made to redefine organised crime and terrorism in alignment with contemporary times.

Despite ongoing controversies surrounding the nomenclature of these bills, they are slated for consideration and passage in the Rajya Sabha on Wednesday and the following week.

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