Parliamentary Committee may recommend recriminalizing Adultery and Non-Consensual sex

In a comprehensive review of India's colonial-era criminal laws, a parliamentary committee is expected to recommend the re-criminalization of adultery and the criminalization of non-consensual sex, irrespective of gender. The panel is currently studying three bills aimed at replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act with modern legislation.

These bills were introduced by Union Home Minister Amit Shah and sent to the Standing Committee on Home Affairs in August, with a three-month review deadline. While the committee met on Friday, it did not finalize a draft report, as some opposition members requested a three-month extension. The next committee meeting is scheduled for November 6.

The draft report is likely to propose the reintroduction of adultery as a criminal offense, either by reinstating the previous law invalidated by the Supreme Court in 2018 or by passing new legislation. In 2018, a five-member bench had ruled that "adultery cannot and should not be a crime" and that it should be a ground for a civil offense, such as divorce.

The previous law held that only a man who had sexual relations with a married woman without her husband's consent could face a potential five-year prison sentence if convicted, without any punishment for the woman involved. The unpublished draft report suggests making the re-introduced adultery law gender-neutral, subjecting both men and women to potential punishment.

Additionally, the committee discussed Section 377, a British-era law criminalizing homosexuality, which was struck down by the Supreme Court five years ago. The committee is expected to recommend to the government that Section 377 be reintroduced and retained due to its application in cases of non-consensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality.

Other possible recommendations include increasing punishment for deaths due to negligence from six months to five years and reducing penalties for unauthorized protests from two years to 12 months. The committee is also likely to suggest retaining the name "Indian Penal Code."