PIL in SC to declare sexual assault as gender-neutral

FPJ BureauUpdated: Thursday, May 30, 2019, 12:53 AM IST
article-image

New Delhi : A fresh PIL was filed in the Supreme Court seeking to declare the offences of rape, sexual assault, outraging of modesty, voyeurism and stalking in the Indian Penal Code as gender-neutral.

The petition sought to declare the word ‘any man’ used in the provisions for such offences under IPC, as ultra vires of the Constitution.

The plea, filed by petitioner advocate Rishi Malhotra, said the reading of the concerned sections categorically demonstrates that all offences under the related provisions would always be committed by an accused who happens to be a ‘man’ and the victim would always be a ‘woman’.

“Declare the word ‘any man’ used under the offences under section 354 IPC, 354A IPC, 354B IPC, 354C IPC, 354D IPC and also section 375 IPC being ultra-vires the Constitution and in violation of Article 14 and Article 15 of the Constitution and should be struck down as it violates principle of gender neutrality on the basis of sex,” the plea said.

It also claimed that section 354 of the IPC which deals with assault of or criminal force against a woman with the intent to outrage her modesty and its allied provisions do not stipulate any law to protect the modesty of a man.

 “There are cases where women bully men and go unprosecuted because the law in our country does not protect men from such crimes,” Malhotra claimed in his plea. Section 354 A of IPC deals with the offence of sexual harassment and its punishment while section 354 B is defined as assault or use of criminal force against a woman with the intent to disrobe. Section 354 C of the code deals with the offence of Voyeurism whereas Section 354 D lists out the punishment for Stalking. The offence of rape is dealt in section 375 of the penal code. All these offences carry a punishment ranging from one year to life term.

(To receive our E-paper on whatsapp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

Bhagat Singh death anniversary: 7 movies based on the life of Bhagat Singh

Bhagat Singh death anniversary: 7 movies based on the life of Bhagat Singh

10 shayari by Mirza Ghalib that beautifully captures the pain of love, life and heartbreak

10 shayari by Mirza Ghalib that beautifully captures the pain of love, life and heartbreak

Teachers' Day 2021: Wishes, greetings in Hindi, Marathi to share on SMS, WhatsApp, Facebook and...

Teachers' Day 2021: Wishes, greetings in Hindi, Marathi to share on SMS, WhatsApp, Facebook and...

Meet Akhil Poddar young head of Rajasthan-based Poddar Group of Industries who inspires people to...

Meet Akhil Poddar young head of Rajasthan-based Poddar Group of Industries who inspires people to...

Nirjala Ekadashi: Things to keep in mind about the rituals and celebration

Nirjala Ekadashi: Things to keep in mind about the rituals and celebration