HC dismisses the PIL challenging the Constitutional Validity of Section 376 and Section 376-A of Indian Penal Code [Read Order]

The PIL filed in Telegana High Court challenging the Constitutional Validity of Section 376 and Section 376-A and stating that it is in violation of Article 14 and Article 21. On 10^th Aug 2020, the PIL was dismissed by Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy stating that the petitioner is free to raise the grievance either before the Central Government or before the Parliament. But the judicial forum is not a place for raising an academic issue with regard to any alleged weakness in law.

Petitioner Contentions:-

Petitioner submits that:-

1. there is a grave loophole in the law, namely in Section 376, and 376A IPC. For, while dealing with a case of a woman under sixteen years of age, who is a victim of rape, Section 376(3) IPC prescribes a punishment of imprisonment “with a term of not less than twenty years”, and “which may extend to life imprisonment”, which means imprisonment for the remainder of that person’s natural life.
2. the said provision does not prescribe capital punishment as one of the punishments. Moreover, according to Section 376A IPC, if the victim dies, or is reduced to a persistent vegetative state, the said provision does prescribe capital punishment as one of the punishments, which may be imposed upon the alleged offender, if found guilty by the learned trial Court
3. a gaping hole has been left in the law dealing with rape, and dealing with the plight of the victim of such an offense

Court Order and observation

The court in its order stated that there is a bare perusal of the Public Interest Litigation and it clearly reveals that the PIL has raised an academic issue with regard to the loopholes left in the law. The PIL is not based on any factual matrix.

Further, the Court stated that an academic issue cannot be entertained, and should not be entertained by a Court of law. In case, the petitioner is aggrieved by any lacuna in the law, the petitioner is free to raise the grievance either before the Central Government or before the Parliament. But the judicial forum is not a place for raising an academic issue with regard to any alleged weakness in law.

Read Order @Latestlaws.com

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