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The Supreme Court has dismissed a petition praying to make laws of rape, sexual harassment voyeurism, outraging the modesty of women as gender neutral. The plea was filed by Supreme Court Lawyer Rishi Malhotra. He had earlier approached the Supreme Court with similar petition asking the Center to examine whether adultery laws can be made gender neutral. Malhotra has argued that ‘any man’ used under these offences in Indian Penal Code should be declared ultra-vires of the constitution. The advocate argued that ‘crime has no gender, and neither should laws have’. The law doesn’t distinguish between criminals and every person is liable for punishment under the Code. Justice DY Chandrachud and CJI told Malhotra that amending a legislation is also parliament’s job. The instant petition under Article 32 of the Constitution seeks to challenge the constitutional validity of several sections under IPC namely 354, 354A, 354B, 354C, 354D,375 which stipulates discrimination against any citizen on the ground of sex and which in turn are directly in violation of Article 14 and Article 15 of the Constitution. The petition also mentions that several statistics have suggested that men too are being raped. However, the court has dismissed the petition regarding it be completely imaginative.
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