Supreme Court dismisses plea to make sexual assault cases gender neutral, says Parliament recognises woman as victim

The Supreme Court dismissed a petition seeking to declare sexual assault, rape, outraging of modesty and stalking offences in the Indian Penal Code (IPC) as gender-neutral cases on Friday, stating that they were meant to protect women rights.

“Only the Parliament can change the law,” a bench headed by Chief Justice Deepak Mishra to Rishi Malhotra, an advocate.

Malhotra had asked the Supreme Court to examine the validity of the sections on the same ground.  To his contention even a man can be stalked or molested.

The bench relying to Malhotra’s contention said, “This is an imaginative situation.”

“The word “man” given in the definition of the sections should be substituted with a “person” so that even a woman can be prosecuted,” Malhotra said.

The bench hearing to Malhotra’s request while hearing a case of adultery said, “The provisions in the IPC are affirmative provisions to protect women rights. These section stand on different footing. The POSCO Act is gender-neutral as it takes care of a child up to the age of 18 years irrespective of their sex.”

“The Parliament has acknowledged a woman as the victim and we cannot ask Parliament to legislate,” said Justice Deepak Mishra.

Justice DY Chandrachud, another member of the bench said, “The Parliament has framed this law after recognising a degree of harm against them.”

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“The Parliament particularly felt it is the woman who is the victim and accordingly recommended the law to deal with it,” added Justice Chandrachud.

The bench also asked Malhotra to explain how can a woman stalk or molest another woman. “Have you ever come across a complaint by a woman saying she has been stalked by another,” the Apex Court asked.