SC: Up to Parliament to make rape laws gender neutral
On Monday, the Supreme Court observed that rape laws in India should indeed be gender neutral, but that it would not interfere in the matter. Refusing to intervene, the Supreme Court said that the onus was on the Parliament to enact necessary legislation to make rape laws gender neutral. The observation came while hearing a petition filed by an NGO. Here's more.
Parliament has to take into account the Law Commission's report
"It is for the Parliament to take into account the Law Commission's report on the issue and enact suitable legislation to make rape law gender neutral. We are not inclined to interfere at this stage. The Parliament has to take a call," said the SC.
Plea: Break silence on the rape of men, transgender people
The observation came while hearing a plea filed by the NGO, Criminal Justice Society of India. The plea emphasized on the need to "break our silence" on the rape of men and transgender people, which do not fall under the purview of Section 375, as it only recognizes "penile-vaginal" forms of forced sexual acts as rape.
A mature society must have empathy for all
"As society matures, we must develop empathy for all, and this includes male and transgender rape victims," the plea stated.
Observations about the gender-specific nature of rape law
Despite not intervening, the SC asked why women should not be made liable for raping a man, or a man for raping another man. In July this year, the Delhi High Court, while hearing a plea against the gender-specific nature of sexual assault, had wondered if there would ever be a "right time" for making rape laws in India gender neutral. The Delhi HC had also sought the Centre's reply on the issue.
The gender-specific nature of Section 375 of the IPC
Section 375 of the IPC starts with, "A man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman...". Throughout the entire section, the pronoun "her" is used to refer to the victim, and "him" as the perpetrator.
