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New Delhi: Congress MP Shashi Tharoor’s bill to decriminalize gay sex could not be passed as members from ruling BJP and even his own party walked out on Friday’s Lok Sabha session.

The bill met with strong opposition and was also rejected by Law Minister Sadananda Gowda.


Only 24 lawmakers spoke in favour of the bill with a large number of lawmakers voting out the bill.

“Surprising to see such intolerance,” Mr Tharoor tweeted.

Former union minister Tharoor sought to introduce a bill to amend Section 377 of the Indian Penal Code, which prohibits sex “against the order of nature”.

This phrase was sought to be dropped by the proposed bill, along with legalizing consensual sex between adults, irrespective of sexuality and gender.

Lawmakers from Kerala gave the proceedings a miss due to the impending Kerala elections in a few months.

The Delhi High Court, in 2009, exempted consensual gay sex from Section 377, stating that the law went against the right to equality, privacy, and personal liberty.

However, in 2013, the Supreme Court, finding the law constitutionally valid, restored the ban and left it in the hands of the Parliament to remove or change the law.

At that time, the ruling Congress Party stood against the decision to restore the ban while the BJP supported Section 377. However, since the BJP came to power last year, Finance Minister Arun Jaitley has supported calls for changing the law and ending the ban.

“When you have millions of people involved in this (gay sex) you can’t nudge them off,” said the minister at an event last month.

“When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court’s view appears more acceptable,” Jaitley commented.


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