Shashi Tharoor’s bill to decriminalise consensual sex defeated in Lok Sabha

Congress MP Shashi Tharoor today saw “intolerance” among a section of the ruling BJP after his move to introduce a Bill for decriminalising homosexuality was rejected in Lok Sabha. Some Congress MPs reportedly walked out hastily to duck the voting. He also said that he will try garner support and reintroduce the bill in the Parliament in the future. The introduction of the bill was defeated by 71-24 votes.

“The bill proposes to restrict applicability of Section 377 of the Indian Penal Code to non-consensual sexual acts between persons or sexual acts with persons under the age of eighteen years as long as such acts are not punishable under sections 375, 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code”, read Tharoor’s proposal. Tharoor expressed confidence that if the public starts “waking up” to the reality of what is being discussed and what is at stake, he will have at least succeeded in “raising” consciousness about the issue. “The Delhi High Court’s view appears more acceptable”, he had then commented. The apex court, in December 2013, had ruled the 150-year-old Section 377 “does not suffer from the vice of unconstitutionality”. Law Minister Sadananda Gowda also opposed it. “Surprising to see such intolerance”, Mr Tharoor said in tweets. In a literary festival in New Delhi on 29 November, Jaitley supported gay rights saying the Supreme Court must reconsider its decision upholding colonial-era Section 377 of the IPC.

The first opposition came from BJP member Nishikant Dubey, who said he was opposing the bill not because of religion, Vedas or Puranas but because of the Supreme Court judgment.

The original 377 of IPC bans sex against the order of nature, however in 2009 the Delhi HC amended the law and gay sex was exempted, terming the law against equality.

This is a rare occurence as the bill, that too a private member one, was voted out at the introduction stage itself.