Plea in SC seeks modification in IPC sections related to sexual harassment against transgenders
Sep 26, 2020
New Delhi [India], September 26 : A petition has been filed before the Supreme Court seeking directions to the Central government to make appropriate modification/ interpretation of Sections of the Indian Penal Code (IPC) dealing with sexual assaults against transgender, transsexuals or eunuchs.
The plea, filed by advocate Reepak Kansal, sought that appropriate orders and or directions be made to the Union of India to make the laws pertaining to sexual harassment gender-neutral.
The matter is likely to come up for hearing before the apex court in a week.
The petitioner, who is a practising lawyer at the Supreme Court, pleaded that the top court should direct the Central government to pass an anti-discrimination bill that penalises discrimination and harassment on the basis of gender.
The Central government should adopt and implement the Universal Declaration of Human Rights to protect the fundamental rights of the third gender by giving them equal protection under the law, the petition said.
It challenged the constitutional validity of various clauses and sub-sections of Section 354-A (Sexual harassment and punishment for sexual harassment) of the IPC.
Indian laws are for men and women and therefore, keeping in view and considering transgender neither men nor women, they generally could not get justice from the authorities due to lack of law. The third gender, are being deprived of many of the rights and privileges, which other persons enjoy as citizens of this country, the plea said.
"The State cannot discriminate against them on the ground of gender, violating Articles 14 to 16 and 21 of the Constitution of India. Article 14 states that the state shall not deny to "any person" equality before the law or equal protection of the law," it added.
