Mumbai, October 25: A parliamentary committee reviewing a landmark bill that aims to replace the colonial-era Indian Penal Code (IPC) is expected to suggest the addition of a gender-neutral provision that criminalises adultery and a clause that criminalises non-consensual sex between men, women, or transpersons, as well as acts of bestiality, a report said.

The Parliamentary Standing Committee on Home Affairs is likely to suggest that the terms ‘community service’ and ‘life imprisonment’ be more clearly defined in its draft report. The committee may also endorse the need for an overhaul of India’s criminal justice system while brushing aside objections to the name of the bill, the Bharatiya Nyaya Sanhita (BNS), the Hindustan Times reported, citing sources familiar with the matter. Bharatiya Sakshya Bill 2023: New Bill on IPC Will Completely Repeal Offence of Sedition; Proposes Capital Punishment for Mob Lynching, Amit Shah Tells Lok Sabha.

According to the media outlet, the draft report will be sent to the Union home ministry once finalised. Although not binding, it holds persuasive value, especially since the government had voluntarily referred the bill to the parliamentary panel for review. The panel is headed by Bharatiya Janata Party (BJP) Rajya Sabha member Brij Lal.

The committee discussed Section 377, a British-era provision that criminalised homosexuality before the Supreme Court read it down in a landmark verdict in 2018. The committee noted that even after the apex court’s verdict, provisions of the law remained applicable in cases of non-consensual sex. However, after BNS dropped any reference to Section 377, there was no provision for non-consensual sexual offences against “men, women, transpersons and for acts of bestiality”. Due to this, the panel is likely to suggest the government include section 377 of IPC. Same-Sex Marriage Judgment: Supreme Court Refuses to Recognise Marriage Equality Rights for LGBTQIA+ Community, Asks Govt to Set Up Committee to Examine Rights of Queer Couples.

Union Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita Bill 2023, a set of three bills, in the Lok Sabha on the last day of the Monsoon session to replace the Code of Criminal Procedure (CrPC), Indian Penal Code (IPC) and the Indian Evidence Act.

(The above story first appeared on LatestLY on Oct 25, 2023 01:36 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).