Supreme Court Refuses to Interfere with Petition Challenging Rape Provision


November 12, 2018

The Two-Judge Bench of the Supreme Court headed by Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul today heard the Petition challenging Section 375 of Indian Penal Code. Here it would be relevant to mention that the provision defines rape.

The Petitioner challenged Section 375 of IPC on the ground that it does not punish rape of men and transgender persons. The Petitioner thus alleged that Section 375 of IPC violated Articles 14, 15 and 21 of the Constitution and that the concept of gender neutrality within rape statutes shall be recognized by the Indian Criminal Law.

However, the Apex Court refused to interfere with the petition stating that though the petition raised a valid point, the issue in the petition pertained to Legislature for which the Petitioner can make representation.