House panel recommends criminalising adultery, sexual assault among homosexuals

New Delhi: A draft report prepared by the Parliamentary Standing Committee on Home Affairs while reviewing Bills to replace IPC and CrPC has recommended including a provision criminalising adultery and sexual assault among homosexuals.

If adopted, this suggestion would bypass the 2018 landmark judgement by the Supreme Court decriminalising adultery.

In 2018, a five-member bench led by former Chief Justice of India Dipak Misra declared Section 497 of the Criminal Procedure Code, which criminalised adultery, as unconstitutional along with IPC 377, which criminalized all sexual acts "against the order of nature."

The Bharatiya Nyay Sanhita (BNS) Bill, which proposed to replace the Indian Penal Code (IPC), does not contain these provisions.  

However, the parliamentary committee reviewed the bill and suggested a slew of changes, which included reintroducing Section 497 by ensuring “gender equality.” Once the report is ready, it will be sent to the Union Home Ministry.