No plan to repeal Sec 377 after 2012 gang rape: Govt

No plan to repeal Sec 377 after 2012 gang rape: Govt

Parliamentarians observe silence during an obituary reference in the Lok Sabha during the Monsoon session of Parliament. Credit: PTI

The government had not considered repealing Section 377 of the Indian Penal Code, which criminalises consensual gay sex, while amending laws after the 2012 gang rape case in Delhi, Union Minister of State for Home Hansraj Gangaram Ahir said on Tuesday.

"No, madam (Speaker)," was his written reply in Lok Sabha in response to a question on whether the Home Ministry had contemplated repealing Section 377 during its consideration for amendments in the wake of the gang rape.

Ahir said the Justice J S Verma Committee was set up after the incident to examine and recommend amendments in criminal law with respect to crimes against women.

The committee did not make any recommendation in relation to Section 377 of the IPC, he said.

On July 11, the Centre had told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377.

A five-judge constitution bench headed by Chief Justice Dipak Misra, which was hearing a batch of petitions challenging its 2013 verdict that had re-criminalised sex between two consenting adults of the same gender, was told by the Centre that it has no objection with the court dealing with the validity of this penal provision. 

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