NEW DELHI: A public interest litigation in Delhi High Court has taken up this issue today, seeking the definition of Gender neutral anti-rape criminal laws.HC on Wednesday soliciting for centre’s response on the plea, now seeking to declare “gender specific” sections related to rape and its penalties under IPC.Bench of active Chief Justice Gita Mittal and Justice C Hari Shankar asked the government to answer within three weeks. They had further posted the matter for hearing on October 23.Section 375 and section 376 of IPC, only deals with rape committed by man and listing out punishments for the offence.
In this concern, an activist Sanjiv Kumar filed a petition; “section 375 and 376 of IPC are currently gender specific and not gender neutral which doesn’t secure males and thus doesn’t stand the constitutional test and fails in Right to Privacy”. Further supporting this complaint said that as per the recent decision of court on Right to Privacy, both males and females have equal protection under the constitution.The petition also indicates that no one should be privileged for committing any crime, be it a female. Women should also be punished equally for any criminal act, they can’t immune by laws.
The petition also minds the notion of patriarchy. This is why all men refuse to come out in the open to report sexual crimes against them. Some cases were found in boy’s hostels in Delhi and also in places near Delhi, but our Judiciary is failing to play considerable role.
