A fresh Public Interest Litigation (PIL) was filed in the Supreme Court on Friday 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 ultravires 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.
{{/usCountry}}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.
{{/usCountry}}“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.