A Petition was filed by Mr. Sanjiv Kkumaar in Delhi High Court, challenging the Constitutional validity of Sections 375 and 376 of Indian Penal Code wherein the petitioner demanded for making the rape provisions gender neutral.
The Petition incorporates a recent case of Ryan International School wherein a Fourth grade student was allegedly sodomized by a 42 year old man. The Petition tries to contour the fact that rape laws in 63 countries are written in gender neutral language, however the Indian law system is completely in contrast to this notion , wherein only one gender is seen as a victim and the protection of the same seemed to be the only objective of the lawmakers.
Mr.Kkumaar based his objections on various researches carried on in different countries like England, US, Nepal and Australia etc , the idea eventually brought forth by these researches was that how if a state has to be progressive in nature then this philosophy must be well imbibed in the laws of the country and though appalling on its face but it’s a reality that men are not only raped but justice is atrociously denied to them because of the deficiencies of our legal system.
He further highlights that how because of the dominance of patriarchy, majority of men do not report this to the concerned authorities because then they won’t be seen as ‘real man’ and also it would be against the stereotypical assumption that ‘Men are superior to women’. Therefore men too like women are afraid to come out of the closet because they fear the mockery and the harassment they would be subjected to by the society because of these revelations.
The Petition also lays emphasis on to the recent landmark judgement of the 9 judge constitution bench on ` The Right To Privacy’ in which the Hon’ble Supreme Court used the word “consent” 38 times . Consent to bodily integrity is also a fundamental right and one of the major pillars of The Right To Privacy.
Therefore Mr. Kkumaar alleged that there was infringement of Article 14 Right To Equality and Article 21 Right to Life and said that one cannot choose to criminalize women convicted of rape just because they are female.
Therefore it’s high time that the law makers of the country wake up and formulate laws that are not biased and that which do not discriminate a crime on the basis of gender. Crime should be crime irrespective against whom it is committed.