KERALA: Kerala High Court orally remarked that the Rape should be Gender Neutral. The Bench headed by Justice A Muhamed Mustaque, said this while adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child.
The Bench observe that during the case proceedings when the party brought up the fact the Husband is also being accused in the Rape Case. However, the husband’s counsel argued that he was currently released on bail and that the said allegation was based on unsubstantiated accusations of sex under a false promise of marriage.
Further, the Court made an oral remark while keeping section 376 of the Indian Penal Code not being gender-neutral.
“Section 376 is not a gender-neutral provision. If a woman tricks a man under false promise of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offence. What kind of law is this? It should be gender-neutral”
“It is to be remembered that the statutory provisions of the offense of rape as understood in the Indian Penal Code, is not gender-neutral. A woman, on a false promise of marrying and having a sexual relationship with a man, with the consent of the latter obtained on such false promise, cannot be punished for rape. However, a man on a false promise of marrying a woman and having a sexual relationship with the woman would lead to the prosecution’s case of rape.”
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