PIL Filed in Supreme Court Seeks Rape, Sexual assault To Be Declared As Gender-neutral

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PIL Filed in Supreme Court Seeks Rape, Sexual assault To Be Declared As Gender-neutral
PIL Filed in Supreme Court Seeks Rape, Sexual assault To Be Declared As Gender-neutral

A Public Interest Litigation (PIL) has been filed in the Supreme Court that has sought to declare the offences of rape, sexual assault, outraging of modesty, voyeurism and stalking in the Indian Penal Code as gender-neutral.

The petition has alleged that the word ‘any man’ as mentioned in the provisions for such offences under IPC, is ultra vires of the Constitution.

Filed by advocate Rishi Malhotra, the petition states that the reading of the concerned sections universally suggests that all offences under the related provisions are committed by an accused who would be a ‘man’ while the victim is always shown to be a ‘woman’.

Several Sections Highlighted In Plea

The plea has listed the following Sections under the IPC as being ultravires the Constitution: 354 IPC, 354A IPC, 354B IPC, 354C IPC, 354D IPC and also section 375 IPC  . It also alleges that these sections are in violation of Article 14 and Article 15 of the Constitution since “it violates principle of gender neutrality on the basis of sex” .

The plea has also pointed that while section 354 of the IPC penalises the assault of or the use of criminal force against a woman to outrage her modesty,  there are no laws protecting the modesty of a man.

Malhotra alleged that cases involving bullying of men by women go unprosecuted currently in India, as the law of the country “does not protect men from such crimes.”

The Sections listed in the petition are as follows:

  • Section 354 A of IPC criminalises the offence of sexual harassment and its punishment
  • Section 354 B addresses assault or use of criminal force against a woman with the intent to disrobe
  • Section 354 C of the code tackles the offence of Voyeurism
  • Section 354 D deals with the issue of stalking
  • Section 375 of the penal code tackles with offence of rape

All these offences carry jail punishment starting from one year to life term.

 

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