Congress MP Shashi Tharoor
Congress MP Shashi Tharoor’s bid to introduce a private member’s bill to decriminalise gay sex was rejected in Lok Sabha Friday. The Indian Penal Code (Amendment) Bill sought to substitute a new section for Section 377.
The MP had proposed to amend the colonial-era IPC section that criminalises ‘carnal intercourse against the order of nature’. His attempt to introduce the bill was defeated with 71 votes against the move and only 24 votes in favour.
BJP member Nishikant Dubey objected to the introduction of the bill, saying his opposition was not based on religion, vedas or puranas but on a Supreme Court judgment.
He cited the SC order that upheld Section 377 on the grounds that it “does not suffer from the vice of unconstitutionality”. The apex court had set aside a Delhi High Court judgment of 2009 that had termed the section unconstitutional.
Tharoor pointed out that Dubey quoted the SC judgment “in a very partial manner”. He said, “The SC, rather than upholding the section, actually said the onus is on the competent legislature of Parliament and I quote: ‘To consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same.’ What I am doing is, following the direction of the Supreme Court, proposing an amendment of the same. I am not deleting it.”
With none of the Congress members present in the House, Tharoor was supported by BJD’s Tathagata Satpathy.
Tharoor later tweeted that it was “surprising to see such intolerance” in the matter of decriminalising sex between consenting adults. “Notice of intent to oppose introduction of Bill came so late that there was no time to rally support. Will try again in future. We shall overcome!” his tweet read.