Plea filed in SC seeking modification in IPC with regard to Sexual Harassment against the Third gender.

Team SoOLEGAL 28 Sep 2020 3:30pm

Plea filed in SC seeking modification in IPC with regard to Sexual Harassment against the Third gender.

A plea was filed in the Supreme Court of India providing directions to the Central Government to make appropriate modifications and explanations to Sections of the Indian Penal Code (IPC) dealing with sexual assaults against transgender, transsexuals or eunuchs(third gender).

The petition was filed by Adv. Reepak Kansal saying that the Union of India should make or amend new laws to deal with sexual harassment cases with a gender-neutral perspective. The petition also says that the Supreme Court should direct the Central Government to pass an anti-discrimination Bill which should mention that whosoever discriminates or harasses another, basing on gender, should be heavily penalised.

Further, the Central Government must implement the Universal Declaration of Human Rights to protect the fundamental rights of the third gender and give them equal protection.

The filed petition challenges the validity of Section- 354(a) of IPC (sexual harassment and its punishment). The petition also says that laws in India are made according to the needs of men and women only and does not take into consideration the rights of the third gender, depriving them of certain rights and privileges enjoyed by other genders because of lack of laws by the Authority.

Discrimination on the grounds of gender violates Articles 14, 16 and 21 of the Constitution of India. According to Article 14 of the Constitution of India, everybody is equal in the eyes of law and is entitled to equal recognition. 

Tagged: IPC   Sexual Harassment   Supreme Court   Central Government   transgender   transsexuals   eunuchs   third gender   Adv. Reepak Kansal   Union of India   Universal Declaration   Human Rights   Constitution of India  
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