The CJI said, “There may be inadequacies in the law, but the remedy does not lie in striking it down.” Justice Kaul added, “Amending the law is better and only Parliament can do that.”
The Supreme Court on Monday turned down a plea, which contended that Section 375 of the IPC dealing with rape was not gender-neutral, saying that the appropriate remedy was an amendment to the law which only Parliament could do.
“We are not inclined to interfere at this stage as the issues raised pertain to legislations to be made by Parliament, for which adequate recommendations have already been made by the Law Commission. The petitioner may seek such other remedy, as may be available in law,” a bench of Chief Justice of India Ranjan Gogoi and Justice S K Kaul said, disposing of the petition by an NGO — Criminal Justice Society of India.
The petitioner’s counsel said that Section 375 violated Articles 14, 15 and 21 of Constitution and was not sufficient to deal with rape of a transgender or even male. The CJI replied, “There may be inadequacies in the law, but the remedy does not lie in striking it down.” Justice Kaul added, “Amending the law is better and only Parliament can do that.”
While Section 375 deals with rape committed on a woman by a man, Section 376 lists the punishment for the offence. The plea sought that the definition of rape under Section 375 be held “ultra vires” for being “discriminatory and violative of Articles 14 (right to equality), 15 (prohibition of discrimination on grounds of religion, race, caste, sex…) and 21 (right to life and personal liberty) of the Constitution”.