Bill introduced by Shashi Tharoor to decriminalizing Homosexuality got defeated again

New Delhi: Yesterday, i.e. on 11th day of March, the Congress Member- Shashi Tharoor introduced a Bill decriminalizing the “homosexuality” in the Lok Sabha, however, it could not survive even at the stage of introduction and is, thus, defeated.

The Bill, which the Congress Member- Shashi Tharoor was seeking to introduce in the Lok Sabha was basically for the amendment of the Section 377 of the Indian Penal Code, 1860, which actually, criminalizing the homosexuality. As such, through this Bill the acts of ‘homosexuality’ were sought to be decriminalized, but the same was rejected in the Lok Sabha, at the very initial stage of its introduction.

Earlier, the similar Bill was sought to be introduced before the Lok Sabha by the same Private Member- Shashi Tharoor, however, at the time of the introduction, i.e. on 18th day of December, last year, the same bill was voted out. He notably commented, at that time, that he would again make such attempt to introduce the similar Bill. And now, after passing of three months period, the said Private member again attempted to bring the same bill.

The present concerned Bill is actually decriminalizing the Homosexuality and specifically as provided in the clauses of the Bill, the Sexual intercourse in private, between consenting adults, is sought to be taken out from the purview of the section of the Code, irrespective of their sexuality or gender.

Moreover, it was also seen in connection with the section 377 of the Indian Penal Code, the honourable Supreme Court in the year 2013 had overturned the decision of the high Court of Delhi, where that Court had declared the provision as ‘unconstitutional’. The Court, that time, asked the Governments to take view on the controversial subject of decriminalizing the homosexuality.

In connection with the concerned Bill, it was also seen that the BJP members were found negating the motion and sought division of the House, which was granted by the Speaker- Sumitra Mahajan. Also, out of 73, fifty- eight members voted against the introduction of the Bill, however, only 14 members were appeared supporting it, while one remain abstain. As such, the instance of making such homosexuality, as an act not to be called offence, was turned down in the Lok Sabha. Thus, now the provision is still as it has been existing to criminalize the homosexuality.

The Bill concerned was among the 32 private members’ Bills and such other Bills which were also introduced including those which are seeking to set up artisan’s welfare board, digital recording of judicial proceedings and compulsory harvesting of rainwater. The Lok Sabha was also tabled with the Bill, which is seeking termination of the Membership of the MPs- Member of Parliaments for their disrupting proceedings of the House.

Source: lawyerslaw.org (Our Media Partner)

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