A petition in the Supreme Court seeks equal protection from sexual crimes for the transgender community under the Indian Penal Code (IPC). It highlights that there is no provision in the IPC that protects transgenders from sexual assault by any male, female or another transgender.
The plea moved by Advocate Reepak Kansal states that clauses (i), (ii) and (iv) of sub-section (1) of Section 354A of IPC exclude victims of sexual harassment who are transgender persons, which is violative of Articles 14, 15, and 21 of the Constitution of India.
Kansal urges the Court to direct appropriate modification/interpretation of sections of the IPC dealing with sexual assault to include transsexuals and eunuchs in their definitions.
The plea avers that the “State cannot discriminate transgenders on the ground of gender, violating Articles 14 to 16 and 21 of the Constitution of India.”
The plea, therefore, seeks appropriate modification/interpretation of Sections/provisions of IPC dealing with sexual assault to include transgender/transsexuals/Kinnar and eunuchs in the definitions under IPC.
It further seeks a direction to the government to make gender-neutral laws dealing with sexual harassment mechanisms.
Kansal also prays that an anti-discrimination bill that penalizes discrimination and harassment on the basis of gender is passed by the legislature.
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