The recent assessment of the Bharatiya Nyaya Sanhita (BNS) 2023 Bill by a Parliamentary Committee signifies a considerable modification in India’s Criminal Justice System. The BNS Bill, proposed by the Ministry of Home Affairs, aims to supersede the colonial-era IPC (Indian Penal Code). One of the prime recommendation includes a gender-neutral statute criminalizing adultery.
Key Highlights of the Proposed Changes in BNS
A salient highlight is the inclusion of a gender-neutral provision criminalizing adultery. This recommendation emerges after the Supreme Court invalidated Section 497 of the Indian Penal Code, which earlier criminalized adultery. Nevertheless, the committee seeks to uphold the marriage institution, albeit in a gender-neutral manner.
Additionally, the committee contemplates incorporating a clause to criminalize non-consensual intercourse between men, women, or transpersons, alongside acts of bestiality. It reflects their effort to tackle varying types of sexual offenses comprehensively.
Furthermore, the committee has proposed comprehensive definitions for terms like “community service” and “life imprisonment” in the bill.
Among the remarkable positive changes, the draft code includes the abolition of Section 124A (Sedition) and provisions for prosecuting offenses committed abroad.
Arguments Around Legalizing and Criminalizing Adultery
The Joseph Shine vs. The Union of India 2018 judgment underscored the importance of individual autonomy and privacy rights. Legalizing adultery respects adults’ right to decide on their personal relationships sans state intervention. The court deemed the age-old law as unconstitutional and violating Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).
In contrast, criminalizing adultery protects the marriage institution, capable of leading to disrupted families and emotional trauma for spouses and children. Detractors argue that criminalizing adultery safeguards women against unfaithful partners who might leave them economically vulnerable.
The Way Forward
Educating individuals about the impact of adultery on families and relationships helps them make informed personal decisions. Recommending couples to opt for marriage counseling and mediation in case of marital discord can address issues before they culminate in adultery.
Promoting availability and accessibility to such services offer substantial benefits. Additionally, encouraging alternative dispute resolution mechanisms, like arbitration and mediation, can help couples resolve infidelity or marital discord issues outside the court system.