Shashi Tharoor’s bill for decriminalizing gay sex defeated in Lok Sabha, says ‘surprised by intolerance’

New Delhi: Congress MP Shashi Tharoor’s private bill to decriminalise gay sex was rejected in the Lok Sabha on Friday, following which the former minister said it was “surprising to see such intolerance”.

The Congress leader tweeted: "Intro of Pvt.Member's Bill2decriminalize 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 2rally support. Will try again in future. We shall overcome!"

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"This is not about homosexuality as the opposition has caricatured it. It is about freedom, justice, equality of treatment and upholding the values enshrined in our Constitution," Tharoor said.

"This law is from the 1860s and it has no place in the 21st century nor in people's private lives or in their bedrooms," he added.

Gay sex was effectively decriminalised in India in 2009 when the Delhi High Court ruled that prohibiting it was a violation of a person's fundamental rights.

But in 2013 India's Supreme Court restored the ban on homosexuality, ruling that the responsibility for changing the 1861 law rested with lawmakers and not judges.

Section 377 of the country's penal code states that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished" with possible sentences including life imprisonment, though prosecutions for same-sex activity have been rare.

The gay community, however, says it faces significant discrimination as well as harassment from the police in India.

Tharoor's move comes right after finance minister Arun Jaitley called for reconsideration of the Supreme Court ruling on Section 377.