New Delhi [India], October 8 : The Delhi High Court on Wednesday sought a response from the Central Government on a Public Interest Litigation (PIL) seeking interpretation and inclusion of rape against transgender women and children under BNS.
Division bench headed by Chief Justice Devendra Kumar Upadhyay, alongwith Justice Tushar Rao Gedela, sought the response of the Central Government and others and listed the matter for hearing on December 24.
The High Court initially opined that, "it is a matter of policy. The High Court doesn't have much scope for interference ".
The High Court has also appointed senior advocate N Hariharan as to assist the court.
This PIL has been moved by Chandresh Jain. He has sought a direction directing that the provisions of the Bhartiya Nyaya Sanhita, 2023, and related criminal laws be interpreted in a gender-inclusive and identity-affirming manner.
The petitioner has also directed that the provisions of the Bhartiya Nyaya Sanhita, 2023, and related criminal laws be interpreted in a gender-inclusive and identity-affirming manner.
The petitioner has also directed that the word "woman" include trans women so that they may be recognised as victims of rape under these provisions in accordance with their self-identified gender.
He also sought a direction to interpret Section 63 to include trans men, non-binary persons, and intersex individuals who are anatomically capable of vaginal penetration, ensuring their equal protection under the law, and access to FIR registration, victim-sensitive investigation, and fair trial processes.
The PIL has also sought a direction on the section connected with the Adult offences under Sections 74 to 79 of BNS.
Interpret these provisions, which are currently limited to "women", to extend their protection to all adult transgender and gender-diverse persons, including trans women, trans men, intersex adults, and non-binary adults, by recognising them as victims of sexual harassment, stalking, voyeurism, and other gender- based offences and child-specific offences.