Lok Sabha Debates
Introduction Of The Indian Penal Code (Amendment) Bill. 2015 (Substitution Of ... on 18 December, 2015
Sixteenth Loksabha pan> Title: Introduction of the Indian Penal Code (Amendment) Bill. 2015 (Substitution of new Section for Section 377).
DR. SHASHI THAROOR (THIRUVANANTHAPURAM): I beg to move for leave to introduce a Bill further to amend the Indian Penal Code, 1860.
HON. DEPUTY SPEAKER: Motion moved:
“That leave be granted to introduce a Bill further to amend the Indian Penal Code, 1860.” Shri Nishikant Dubey. Please do not make a long speech. Just say to the point what you want to say. श्री निशिकान्त दुबे (गोड्डा) : उपाध्यक्ष महोदय, मैं इसका विरोध करने के लिए खड़ा हुआ हूं। मैं किसी धर्म, वेद और पुराण के आधार पर खड़ा नहीं हुआ हूं, बल्कि सुप्रीम कोर्ट के ही जजमेंट के आधार पर इसका विरोध करने के लिए खड़ा हुआ हूं। सर, सुप्रीम कोर्ट के उस जजमेंट में लिखा है -
“The family law in England has undergone a drastic change, recognized new social relationship between man and woman. In our country, however, even today a marriage is an arranged affair. We do not say that there are no exceptions to this practice or that there is no tendency, however, imperceptible, for young persons to choose their own spouses, but even in such cases the consent of their parents is one of the desiderata which is sought for. Whether it is obtained in any given set of circumstances is another matter. In such arranged marriages in this country the question of two persons being engaged for any appreciable time to enable each other to meet and be in a position to exercise undue influence on one another very rarely arises.” इसमें उन्होंने और लिखा है -
“No doubt an objective and rational deduction of a principle if it emerges from a decision of a foreign country rendered on a pari materia legislative provision and which can be applicable to the conditions prevailing in this country will assist the court in arriving at a proper conclusion. While we should seek light from whatever source we can get we should, however, guard against being blinded by it. In view of the above, we hold that Section 377 IPC does not suffer from the vice of unconstitutional and the declaration made by the Division Bench of the High Court is legally unsustainable. ” DR. SHASHI THAROOR: Mr. Chairman, I am afraid that the hon. Member is actually quoting in a very partial manner from the Supreme Court Judgement. In fact, I have the relevant portion. The Supreme Court rather than upholding the Section actually said that the onus is on the competent legislature of Parliament and I quote:
“To consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same. ” What I am doing is, following the direction of the Supreme Court, I am proposing an amendment of the same. I am not deleting it. Therefore, Sir, I beg leave to introduce the Bill. HON. DEPUTY SPEAKER: The question is:
“That leave be granted to introduce a Bill further to amend the Indian Penal Code, 1860.” SEVERAL HON. MEMBERS: We want Division.
HON. DEPUTY SPEAKER: Let the Lobbies be cleared -
Now, the Lobbies have been cleared.
Now, the Secretary-General to inform the House about the procedure regarding operating the automatic vote recording machine. SECRETARY-GENERAL: Kind attention of the hon. Members is invited to the following points in the operation of the Automatic Vote Recording System:-
1. Before a division starts, every hon. Member should occupy his or her own seat and operate the system from that seat only;
2. When the hon. Deputy-Speaker says: “now division”, the Secretary-General will activate the voting button where upon "red bulbs above Display Boards" on both sides of the hon. Speaker's Chair will glow and a gong sound will be heard. This means the Voting System has been activated simultaneously.
3. For voting, hon. Members may kindly press the following two buttons simultaneously only after the sound of the gong and I repeat only after the sound of the gong. One "red" button in front of the hon. Member on the head of the phone plate and any one of the following buttons fixed on the top of desk of seats:
For Ayes - Green colour For Noes - Red colour For Abstain - Yellow colour
4. It is essential to keep both the buttons pressed till another gong is heard and the red bulbs above the plasma display switch off.
5. The hon. Members may please note that their votes will not be registered if the buttons are kept pressed before the first gong and if both buttons are not kept simultaneously pressed till the second gong.
6. Hon. Members can actually “see” their vote on Display Boards installed on either side of the hon. Speaker’s Chair.
7. In case, vote is not registered, hon. Members may call for the voting through slips.
HON. DEPUTY-SPEAKER: I shall now put the motion to the vote of the House.
“That leave be granted to introduce a Bill further to amend the Indian Penal Code, 1860.” The Lok Sabha divided.
DIVISION AYES 15.44 Hrs. Babu, Dr. Ravindra Bais, Shri Ramesh Chautala, Shri Dushyant Dastidar, Dr. Kakoli Ghosh Dev, Kumari Sushmita Ering, Shri Ninong Ghosh, Shrimati Arpita Hansdak, Shri Vijay Kumar Jena, Shri Rabindra Kumar Khan, Shri Md. Badaruddoza Khan, Shri Saumitra Kumar, Shri Kaushalendra Kumar, Shri Santosh Kumar, Shri Shailesh Mahtab, Shri Bhartruhari Mohapatra, Dr. Sidhant Pandey, Dr. Mahendra Nath Patasani, Shri Prasanna Kumar *Ranjan, Shri Rajesh Ranjan, Shrimati Ranjeet *Reddy, Shri A.P. Jithender Satav, Shri Rajeev Satpathy, Shri Tathagata Shetty, Shri Raju *Sinha, Shrimati Renuka Tharoor, Dr. Shashi Tirkey, Shri Dasrath NOES Ahlawat, Shrimati Santosh Bala, Shrimati Anju Barne, Shri Shrirang Appa Bhabhor, Shri Jasvantsinh Sumanbhai Bhagat, Shri Sudarshan Birla, Shri Om Bohra, Shri Ramcharan Chandel, Kunwar Pushpendra Singh Chaudhary, Shri C. R. Chaudhary, Shri P.P. Choudhary, Col. Sonaram Deka, Shri Ramen Dohre, Shri Ashok Kumar Dubey, Shri Nishikant
Dwivedi, Shri Harishchandra alias Harish Gaikwad, Dr. Sunil Baliram Girri, Shri Maheish Gowda, Shri D.V. Sadananda Gurjar, Shri Krishanpal *Jaiswal, Dr. Sanjay Jardosh, Shrimati Darshana Vikram Jyoti, Sadhvi Niranjan Kaswan, Shri Rahul Kaushik, Shri Ramesh Chander Kishore, Shri Jugal Koli, Shri Bahadur Singh Kumar, Shri Dharmendra Kushawaha, Shri Ravinder *Lakhanpal, Shri Raghav Mahato, Dr. Banshilal Meena, Shri Harish Meghwal, Shri Arjun Ram Mishra, Shri Daddan Munde, Dr. Pritam Gopinath Nagar, Shri Rodmal Narasimham, Shri Thota Nishank, Dr. Ramesh Pokhriyal Pal, Shri Jagdambika Pandey, Shri Hari Om Patel, Shri Devji M. Patel, Shri Prahlad Singh Pathak, Shrimati Riti *Patil, Shri A.T. Nana Patil, Shri C. R. Rajoria, Dr. Manoj Rajput, Shri Mukesh Rathod, Shri D.S. Rathore, Col. Rajyavardhan Rathore, Shri Hariom Singh Raut, Shri Vinayak Bhaurao Saini, Shri Rajkumar Sampla, Shri Vijay Sarswati, Shri Sumedhanand Sharma, Shri Ram Swaroop Shetty, Shri Gopal Shewale, Shri Rahul Shinde, Dr. Shrikant Eknath Sigriwal, Shri Janardan Singh Singh, Shri Bhola Singh, Shri Dushyant Singh, Shri Kirti Vardhan Singh, Shri Nagendra Singh (Raju Bhaiya), Shri Rajveer Singh, Shri Sunil Kumar Singh, Shri Uday Pratap Singh, Shri Virendra Sinha, Shri Manoj Solanki, Dr. Kirit P. Sonkar, Shri Vinod Kumar Tasa, Shri Kamakhya Prasad Tripathi, Shri Sharad Usendi, Shri Vikram Yadav, Shri Hukmdeo Narayan *Yadav, Shri Laxmi Narayan Yadav, Shri Om Prakash ABSTAIN Raj, Dr. Udit HON. DEPUTY-SPEAKER: Subject to correction*, the result of the Division is:
Ayes --24 Noes -- 071 Abstain -- 001 The motion was negatived.
15.45 hours PRIVATE MEMBERS' BILLS-Introduced...Contd.