SC declines to entertain PIL to make rape gender-neutral offence

Updated: Nov 13, 2018, 10:32 IST | PTI

A bench headed by Chief Justice Ranjan Gogoi and Justice S K Kaul said the issue raised in the petition is a subject matter of the legislature's domain

Representational picture
Representational picture

The Supreme Court on Monday refused to entertain a plea challenging the Constitutional validity of Section 375 of Indian Penal Code (IPC) which deals with rape on the ground that the provision is not gender-neutral. A bench headed by Chief Justice Ranjan Gogoi and Justice S K Kaul said the issue raised in the petition is a subject matter of the legislature's domain.

"The issue falls in the realm of the Parliament. We don't want to say anything on it right now", the bench said, while granting liberty to the petitioners to make a representation to the legislature. While Section 375 of the IPC deals with rape committed on a woman by a man, Section 376 lists out the punishment for the offence.

The top court was hearing a petition filed by NGO Criminal Justice Society of India, through advocate Ashima Mandla, contending that Section 375 violates Articles 14, 15 and 21 of the Constitution as it does not account for rape of men and Transgender persons. The plea sought that the definition of rape under Section 375 be held "ultra vires" for being "discriminatory and violative of Articles 14 (right to equality), 15 (prohibition of discrimination on grounds of religion, race, caste, sex...) and 21 (right to life and personal liberty) of the Constitution".

The petitioner has submitted that the section applies only to women as victims and men as perpetrators. It does not take into account non-consensual sexual assault inflicted on a woman by a woman, on a man by another man, on transgender by another transgender or a man or woman, on a man by a woman.

The plea referred to the August 2017 order passed by a nine-judge bench of the top court that declared privacy as a fundamental right and also cited the NALSA judgment that recognised transgenders as the third gender. "It is imperative to note that transgenders including but not limited to homosexuals & bisexuals, and men are sequestered from the point of view of victims of rape under the existing penal laws of the country, despite an impending need for the same", the plea said.

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

Sign up for all the latest news, top galleries and trending videos from Mid-day.com

Subscribe
Loading...

Maharashtra Assembly Elections 2019: All you need to know!

NEXT STORY
This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK