Delhi High Court refuses to issue direction on making rape laws gender-neutral

By ANI
18 December 2019
Delhi High Court refuses to issue direction on making rape laws gender-neutral
(File) Indian people are seen inside Delhi high court in New Delhi, India. Photo: EPA

The Delhi High Court on Monday refused to issue direction on a plea seeking to make rape laws gender-neutral.

The order of a division bench headed by Chief Justice DN Patel came while disposing of a petition challenging the constitutionality of Sections 375 and 376 of the Indian Penal Code as they were not "gender-neutral". The court was hearing the petition filed by social activist Sanjjiiv Kkumaar.

However, the Centre in its affidavit said that these Sections have been enacted to protect and keep a check on the rising level of sexual offences against women in the country.

The court has accepted the Centre's submission that "the existing definition of rape under Section 375 (rape) should be left untouched as the ambit of the Protection of Children from Sexual Offences (POCSO) Act, which covers all forms of sexual offences against minors, and Section 377 of the IPC were adequate to cover all sexual offences".

According to a plea, sexual crimes against boys under 18 years in the country are covered under the POCSO Act, but once they become adults, they do not have any legal recourse.

Courtesy ANI