Jahanvi Agarwal
The Parliamentary Standing Committee on Home Affairs, led by BJP MP Brijlal, has proposed noteworthy amendments to the legal framework, aiming to fortify the institution of marriage and refine mental illness defenses.
Among the recommendations, the reintroduction of Section 377 of the IPC, addressing non-consensual carnal acts, was highlighted in the report on the Bharatiya Nyaya Samhita, 2023. The committee also advocated for reinstating a gender-neutral provision criminalizing adultery, emphasizing the need to preserve the sanctity of marriage.
The panel expressed concern about the term “mental illness” being overly broad in legal defenses, suggesting it could be misused for claims related to mood swings or voluntary intoxication. The report urged precision in legal language, emphasizing the requirement to establish legal insanity rather than relying on the broader term of mental illness. Additionally, the committee appreciated the introduction of community service but recommended a clearer definition.
In the examination of The Bharatiya Nagarik Suraksha Sanhita, 2023, the committee praised provisions for attaching assets of proclaimed offenders abroad and endorsed the use of video-conferencing for trials while cautioning against potential manipulation.
The report recommended thorough safeguards before adopting electronic communication and trial methods. Regarding economic offenders, the committee opposed blanket handcuffing, asserting that such measures should consider the diversity of offenses within this category, ranging from petty to serious.