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SC asks govt. to reply to plea to present equal safety
The Supreme Court on Monday requested the federal government to reply to a plea to present equal safety in regulation towards sexual abuse for transgender individuals.
The petition filed by advocate Reepak Kansal stated there was no penal provision which protected them from intercourse crimes.
A Bench headed by Chief Justice S.A. Bobde stated the petition embodied a worthy trigger and required listening to.
The Bench additionally requested senior advocate Vikas Singh, who represents Mr. Kansal, to file particulars of cases during which the court docket, to protect rights, stuffed up the vacuum brought on by the absence of statutory regulation.
The court docket referred to the Vishaka tips coping with the sexual harassment of ladies on the office and the decriminalisation of consensual homosexual intercourse acts on this context.
The plea referred to the provisions of the Indian Penal Code (IPC) and different legal legal guidelines which don’t point out offences towards “transgender, transsexuals, kinnar and eunuchs”.
“In spite of declaring transgender people to be a ‘third gender’ by this court, there is no provision/section in the Indian Penal Code which may protect the third gender from the sexual assault by male/female or another transgender,” the petition stated.
The PIL challenged the constitutional validity of sure clauses of Section 354 A (outraging the modesty of girl) of the IPC, to the extent that they’re interpreted to exclude victims of sexual harassment who’re transgender individuals.
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