Delhi High Court: In a Public Interest Litigation (‘PIL’) filed to seek issuance of directions to the Union of India (respondent) to restore legal protection against non-consensual sexual acts as was provided under the now-repealed Section 377 of the Penal Code, 1860 (‘IPC’) to ensure the safety and dignity of individuals, especially those from the LGBTQIA+ community, a Division Bench of Manmohan, ACJ. and Tushar Rao Gedela, J. directed the Union of India to treat the present petition as a representation and to decide the same as expeditiously as possible.
Background
In the present matter, the petitioner stated that before it was repealed, Section 377 of the IPC criminalized non-consensual sexual acts with any man, woman, or animal, and provided a critical legal recourse for victims of such acts regardless of gender or sexual orientation.
The petitioner stated that the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) does not have any such provision to provide protection against non-consensual sexual acts. It was also stated that such a legislative gap poses a significant threat to the safety and dignity of individuals particularly those from the LGBTQIA+ community who are left without adequate protection against such acts.
The Union of India (respondent) prayed for a direction to treat the petition as a representation to the respondent as the Government is presently in the process of receiving inputs on the new criminal laws from various stakeholders and would take a holistic view of all such observations that are received.
Analysis and Decision
The Court considered a letter dated 27-08-2024 written by the counsel of the Union of India to the Joint Secretary, Government of India which mentioned that it was the petitioner’s plea to seek directions for the Union of India to restore legal protections against non-consensual sexual acts.
Keeping the submissions in view, the Court disposed of the present petition and directed the Union of India to treat the same as a representation and provide a decision as soon as possible.
Lastly, the Court said that the petitioner would be at liberty to seek revival of the present petition, in case there was an inordinate delay in consideration of the representation.
[Gantavya Gulati v. Union of India, 2024 SCC OnLine Del 5990, Decided on 28-08-2024]
Advocates who appeared in this case :
For Petitioner — Party-in-person
For Respondent — CGSC Anurag Ahluwalia, Advocate Shivam Sachdeva, Advocate Hridyanshi Sharma
Buy Penal Code, 1860 HERE
