An Indian parliamentary panel has proposed retaining Section 497 of the Indian Penal Code (IPC), dealing with adultery, within the proposed Bharatiya Nyaya Samhita.
This move stands in contrast to the 2018 Supreme Court of India verdict that decriminalized adultery in India, aiming to reinstate accountability for both men and women in marital infidelity cases.
The suggested amendments aim to create a gender-neutral adultery law, viewing both genders as equally responsible.
Protecting the sanctity of marriage is the driving force behind this proposal, emphasizing the importance of preserving the institution of matrimony.
The scrutiny of the Bharatiya Nyaya Samhita by the panel revealed gaps in the draft legislation. Notably, it highlighted the absence of provisions for non-consensual sexual offences across genders and bestiality.
Despite the 2018 ruling on Section 377, the panel emphasized its continued relevance in addressing non-consensual carnal acts with adults, and various forms involving minors.
Indian Congress MP P Chidambaram voiced dissent, arguing against governmental intervention in couples' lives. He highlighted objections, including concerns about duplicating existing laws with the proposed bills.
The Bharatiya Nyaya Samhita forms part of a trilogy intended to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. Referred to the Standing Committee on Home Affairs for further scrutiny, the proposed changes stir ongoing debates among lawmakers and legal experts regarding their implications on marital dynamics and legal frameworks.
