In the Lok Sabha on Wednesday, a controversy arose during the discussion on the no-confidence motion after Union Minister Smriti Irani alleged that Congress MP Rahul Gandhi made an indecent gesture while leaving the Lok Sabha and for which, he should apologise. Smriti’s allegation was that when women MPs were sitting in the Parliament, it is very indecent if someone shows a flying kiss like this.
Once again, the sword of action is hanging on Rahul Gandhi, who reached the Lok Sabha after the suspension was over a day ago. About 22 women MPs have written a letter to Speaker Om Birla demanding action against him. BJP MP Poonam Mahajan has appealed for Rahul’s sacking, while Rita Bahuguna Joshi alleged that Rahul did a flying kiss towards the treasury bench.
After coming out of the House, Union Minister Smriti Irani also said that till date, we had heard that this happens only on the roads, but now, it has started happening in the Parliament as well, which is very unfortunate. Former Union Minister Ravi Shankar Prasad said that Rahul Gandhi’s behaviour is the height of shamelessness.
Union Minister and BJP MP Shobha Karandlaje claimed that this is the first time that an MP is giving a flying kiss to a woman inside Parliament. After giving fly
ing kisses to all the women members, Rahul Gandhi left the House. Which leader are they? We have complained to the Speaker today.
Earlier in 2018, during the monsoon session, Rahul Gandhi had triggered controversies for winking at his fellow MP and hugging Prime Minister Modi in the House itself.
Shobha Karandlaje said, “We have demanded action against him after watching the CCTV footage. This is unfair and indecent behaviour of a member”. At the same time, BJP MP Ravi Shankar Prasad claimed that he gives flying kisses. What has happened to Rahul Gandhi? There are many women sitting in the House. Does he not have any decorum left?
In her address, Smriti Irani said, “I want to object to one thing. Those who were given the right to depose in front of me made indecent gestures while leaving. When the women MPs were sitting in the House, a gesture of flying kiss was made at that time. Such indecent conduct has never been seen before in the House. According to sources in the Lok Sabha Secretariat, indecent behaviour inside the House is being considered and action will be taken as per the rules after talking to everyone.
What does the law and rule book of Parliament say?
If a person makes an obscene or indecent gesture to a woman while walking in public or private place and the woman complains about that person to the police station, the police can arrest the accused person under section 354 of the Indian Penal Code and can produce him before the court of Justice and if the accused is found guilty, he can be imprisoned from one to five years.
But, in the case of Smriti Irani vs Rahul Gandhi, it cannot be taken to a police station or any court in India. Clause 2 of Article 105 of the Constitution of India states that only the Speaker of the House has the right to take action for any offence committed by a Member of Parliament within the House. It cannot be challenged in any court.
Rule No. 233 (b) regarding complaints relating to conduct of Members, the Speaker of the Lok Sabha can take action against Rahul Gandhi only. Rule states that the Speaker, in respect of the unethical conduct of any member of the Lok Sabha, may refer the complaint to the Ethics Committee for investigation, inquiry and report.
Rule 374A of the House states that if the Speaker considers a matter serious, he can suspend the Member concerned from the House for five days or the entire session.