Delhi High Court Gives Centre 6 Months to Fix Missing Sexual Offense Laws
Check for Amazing Discount on Electronic Gadgets*In a recent ruling, the Delhi High Court has given the Central government six months to address a significant gap in the new Bharatiya Nyaya Sanhita (BNS) criminal laws. The court directed the government to quickly decide on including provisions to punish non-consensual sodomy or other “unnatural” sexual acts, which are currently not covered under the new legal framework.
Check for Amazing Discount on Electronic Gadgets*On Wednesday, the court, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, reviewed a Public Interest Litigation (PIL) challenging the exclusion of these offenses from the BNS. The petition argued that the absence of a law equivalent to Section 377 of the Indian Penal Code (IPC) could leave victims of non-consensual sexual acts without legal recourse.
During the hearing, Central Government Standing Counsel Anurag Ahluwalia informed the court that the issue was under active consideration. However, the court stressed that there should be no legal vacuum when it comes to prosecuting such offenses. The justices pointed out that while consensual sex was decriminalized, non-consensual acts still needed to be addressed by the law.
The court expressed urgency in the matter, suggesting that if necessary, the government could issue an ordinance to address the issue more swiftly. The judges made it clear that a decision needed to be made as soon as possible, preferably within the next six months.
The controversy stems from the replacement of the IPC with the BNS in July this year. Section 377 of the IPC, which previously criminalized “unnatural” sexual acts, was repealed following the Supreme Court’s 2018 ruling. This landmark decision decriminalized consensual acts under Section 377 but left provisions for non-consensual acts and other offenses unchanged.
The absence of a similar provision in the BNS has drawn criticism from legal experts who argue that it creates a dangerous legal gap. They warn that without a clear law, victims of non-consensual sexual acts could be left without protection.
The High Court’s decision comes in response to a plea filed by Advocate Gantavya Gulati, who contends that the repeal of Section 377 IPC without a replacement in the BNS is unconstitutional. Gulati argues that this gap in the law could lead to irreparable harm to vulnerable individuals and communities, emphasizing the need for immediate legislative action.
As the deadline approaches, all eyes will be on the government to see how it addresses this crucial issue and ensures that the new criminal laws provide adequate protection for all individuals.
Reference