The clamour to make rape a gender neutral offence was dismissed by the Supreme Court on Monday, as judges were of the view that the present rape law does not cater to rape against transgenders or males, and so Section 375 of Indian Penal Code (IPC) cannot be called discriminatory or unconstitutional.

Advising the petitioner, the NGO Criminal Justice Society of India, to instead seek an amendment from Parliament, the bench of Chief Justice Ranjan Gogoi and Justice SK Kaul disposed the PIL. "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," the order read.

The petition filed by Fuzail Ahmed Ayyubi pointed out that at present, Section 375 only treats women as victims of rape. The petitioner argued that even transgenders are raped, but they do not have recourse under law to register a complaint.

"All we are saying is that this isn't the proper stage. It doesn't mean that there is no merit in your case. Inadequacy in law exists. Even men can be raped by women or by other men. But can we strike down a law which otherwise is a valid provision?" the order added.

Advocate Ashima Mandla, who argued for the petitioner NGO, claimed Section 375 violated articles 14, 15 and 21 of the Constitution, as it makes rape an offence against one section of the population.