Sec 377: Tharoor sees ‘intolerance’ in BJP over rejection of Bill

The Lok Sabha today resolutely rejected the move to “decriminalise” non hetrosexual sex through an amendment to Section 377 of Indian Penal Code, the first ever attempt after the Supreme Court upheld the section as Constitutional in 2013.

Section 377 of the country’s penal code states that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished” with possible sentences including life imprisonment, though prosecutions for same-sex activity have been rare. He further said the members were not even allowed to hold a debate or have discussions on the bill, as it was completely opposed by a majority BJP voice vote. According to PRS Legislative Research, which monitors the affairs of Parliament, only 14 such bills have been passed since Independence.

Gay sex was effectively decriminalised in India in 2009 when the Delhi High Court ruled that prohibiting it was a violation of a person’s fundamental rights.

When he was asked for the text of the bill, Tharoor denied saying that it will be a breach of Parliamentary ethics.

Although the bill on decriminalising homosexuality was rejected at the introduction stage, Tharoor managed to introduce two other private member’s bill pertaining to another amendment to the IPC and on Asylum seekers.

“That there are so many people in the ruling party present on the government benches who are expressing their intolerance and homophobia in this manner is very revelatory”, he charged. “We shall overcome!” he said.

Senior Congress leader and lawmaker Shashi Tharoor’s bill for LGBT rights have been defeated in Loksabha.

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