Tuesday, 20th April 2021

HC seeks Centre’s response on plea challenging section 377

New Delhi, Oct 14 (IANS): The Delhi High Court issued a notice to the Centre on a Public Interest Litigation (PIL) challenging section 377 of the Indian Penal Code on Monday.

The matter was listed before the bench of Chief Justice D.N. Patel and Justice C. Harishankar who after admitting the plea sought the Centre’s response on the same.

The plea states “Section 377 of IPC extends only to men, women and animals, excluding “transgender/third gender” at the same time. There is no mention of a third gender. Such discrimination against an individual on the basis of gender identity is deeply offensive to the dignity and self-worth of the individual which is against the mandate of Articles 14, 15, 21 of the Constitution of India and the law laid down by the Hon’ble Supreme Court.”

The petitioner further submitted that the transgender community comprises of ‘hijras’, eunuchs, kothis, Aravanis, Jogappas, Shiv-Shakthis etc. and they, as a group, have got a strong historical presence in the country in the Hindu mythology and other religious texts.

The petitioner stated that the prayers should be allowed because victim of non-consensual unnatural offences belonging to “transgender/third gender” is remediless due to non-inclusion of its gender in Section 377 r/w Section 8 and 10 of Indian Penal Code, 1860.


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