Rape laws can't be gender-neutral: Centre informs Delhi High Court

The Centre has said the rape laws can't be gender neutral as global offences like sexual harassment are predominately perpetrated by a man on a woman.

The Centre filed the reply before a bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao in response to a plea, which challenged the constitutional validity of sections 375 and 376 (rape), pertinent to be called gender specific, of the Indian Penal Code (IPC).

The affidavit has been quoted by Hindustan Times, "...that after due deliberations at various levels including various stakeholders and women groups, Section 375 was decided to be kept gender specific qua the perpetrator of the offence and the perpetrator is said to be a man.

“Further, globally offences like sexual harassment along with other offences like voyeurism or stalking are predominantly perpetrated by a man on a woman. These sections have been enacted to protect and keep a check on the rising levels of sexual offences against women in India.”

According to the plea, which was filed by advocate Sanjiiv Kkumaar, boys below the age of 18 are safeguarded under the Protection of Children from Sexual Offences (POCSO) Act.

However, crossing the age of 18, there is no guarantee of safety for the boys.

Kkumaar had filed the plea in the wake of an incident where a minor boy was found dead with his throat slit in the washroom of a Gurugram school.

Later, it was found that an attempt of sodomy was made on the victim.

In its affidavit, the Centre said the top court had earlier rejected a similar petition, which sought gender-neutral rape laws, hence the latest one is devoid of merit.