Kerala High Court Says Rape Laws Should Be Gender-Neutral. It Requires Some Much Deeper Deliberating

By Preeti Singh Updated June 02, 2022 8:12 PM

You know, I think that everything in this world is subjective and it has become more difficult for people to distinguish right from wrong and vice versa. But it’s a fact that anyone can commit a crime regardless of their gender and they should be punished accordingly because everyone is equal before the law. Recently, Kerala High Court stated that rape should be considered a gender-neutral offence and expressed disappointment over the fact that rape laws are not gender-neutral at all. Well, it’s not as simple as it sounds, to be honest.

While hearing a matrimonial dispute of a divorced couple regarding the custody of their child, Justice A Muhamed Mustaque said that rape and rape laws should be made gender-neutral after he found that the husband was accused of rape which was allegedly based on unsubstantiated accusations of sex under a false promise of marriage, as per reports. Justice Mustaque expressed his concerns over the fact that Section 376 of the Indian Penal Code (IPC) – Punishment for rape is not gender-neutral.

Also Read: Separated By Parents, Lesbian Couple Reunited By Kerala High Court

According to the reports, he said that Section 376 is not a gender-neutral provision. He went on to say that if a woman tricks a man under the false promise of marriage, she can’t be prosecuted, as per law, however, a man can be prosecuted for the same crime and mentioned these laws should be made gender-neutral.

Earlier, Justice Mustaque had mentioned the same thing while delivering judgment in another case.

Also Read: Angry Over Her Husband’s ‘Affair,’ Hyderabad Woman Hires Four Men To Rape The Woman

FYI, there’s a very complicated debate going on surrounding this particular argument that laws ought to be gender-neutral because in some cases, they tend to undermine some of the issues and crimes faced by women.