In a progressive development, the Kerala High Court orally questioned why the offence of rape should not be made gender-neutral. The High Court was hearing a matrimonial dispute moved by a divorced couple over custody of their child.
While feminists constantly tell you how women don’t have laws in India, they do not tell you how current laws are completely Gender Biased against the Men in India. Section 376 IPC is NOT a gender-neutral provision.
This was a unique case where the father – who was fighting for child custody – is embroiled in an old rape accusation against him. His counsel, however, argued that he is out on bail and that the case was built on unfounded allegations of sex on false promise to marry.
Kerala High Court
On hearing about the pending ‘rape’ case after consensual relationship, Justice A Muhamed Mustaque was prompted to make an observation questioning why Rape Laws in India are Not Gender Neutral?
Even though the remark has not gone on written record, the Judge orally expressed his concern about Section 376 (punishment for rape) of the Indian Penal Code not being gender-neutral. As reported by Bar and Bench, the Judge said,
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.
WATCH: Women Are Filing False Rape Cases After Live-in | Chhattisgarh State Commission for Women Chief
Justice Mustaque had also made similar remarks in another judgement earlier this year, where he had hinted how the statutory provisions of the offence of rape in the IPC were not gender-neutral. He then quoted,
A woman, on a false promise of marrying and having 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 sexual relationship with the woman would lead to the prosecution’s case of rape. The law, therefore, creates a fictitious assumption that the man is always in a position to dominate the will of the woman.
"If A Woman Tricks A Man Under False Promise Of Marriage, She Can't Be Prosecuted; What Kind Of Law Is This?"
— Voice For Men India (@voiceformenind) June 2, 2022
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