Plea in SC seeks modification in IPC sections related to Sexual Harassment against Transgenders

A plea has been filed before the Apex Court seeking directions to the Central Govt to make appropriate modification/ interpretation of Sections of the Indian Penal Code (IPC) dealing with sexual assaults against transgender, transsexuals or eunuchs.

The petition, filed by Lawyer Reepak Kansal, sought that appropriate orders & 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 Supreme Court in a week.

The petitioner, who is a practising lawyer at the Top Court, pleaded that the Supreme Court should direct the Central Govt to pass an anti-discrimination bill that penalises discrimination & harassment on the basis of gender.

The Central Govt should adopt & 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 plea said.

It challenged the constitutional validity of various clauses & sub-sections of Section 354-A (Sexual harassment & punishment for sexual harassment) of the IPC.

Indian laws are for men & women & therefore, keeping in view & 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 & 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 & 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. 

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