Shashi Tharoor’s bill to decriminalise gay sex voted out in Lok Sabha

Division within the government came to the fore after a private member’s bill brought by Congress member Shashi Tharoor to decriminalise homosexuality was blocked by the ruling NDA at the introduction level in the Lok Sabha on Friday.

Incidentally, the ministry of law and also Union minister Sadananda Gowda, sources said, favoured a discussion on the bill in the Lok Sabha. The ministry is of the view that there should be a discussion on the issue and Parliament take a view afterwards. However, parliamentary floor managers of the NDA, sources said, toed the RSS line that the issue did not merit a discussion and there was no need at all for any change in the law on the subject.

Mr Tharoor, through the bill, sought an amendment to the IPC by seeking to “substitute a new section for Section 377 of the IPC”. However, BJP MP Nishikant Dubey promptly stood up and argued that the bill should be opposed because of “the Supreme Court judgment” on the issue. He said that the Supreme Court had in December 2013 overturned a verdict of the Delhi high court that had set aside Section 377 of the IPC, asking the government to take a view on the controversial subject of decriminalising homosexuality. The Delhi HC had ruled in 2009 that Section 377 was unconstitutional.

However, Mr Tharoor contested the claims of Mr Dubey and said that he was quoting only “partially” from the Supreme Court judgement. BJD MP Tathagat Satpathy supported Mr Tharoor.

Amid claims and counter-claims, deputy speaker M. Thambidurai sought the sense of the House and called for a vote. Mr Tharoor pressed for division of votes. In the end, the motion was defeated with 71 “nos” against 24 “ayes”. There was one abstention.

Incidentally, Union finance minister Arun Jaitley too had recently favoured discussion on the issue.

Later in the day, Mr Tharoor took to Twitter to express his disappointment. He, however, said that he would try again to push the bill.

“Intro of Pvt. Member’s Bill 2 decriminalise consensual sex btwn consenting adults defeated in LS 71-24. Surprising to see such intolerance. Notice of intent to oppose introducn of Bill came so late there was no time 2 rally support. Will try again in future. We shall overcome!” Mr Tharoor tweeted.