Headline
The Supreme Court of India dismissed the PIL to include Sexual Offences in Bharatiya Nyaya Sanhita against men, trans persons, and animals.
Summary
The Supreme Court of India rejected a Public Interest Litigation (PIL) seeking to include sexual offenses against men, trans persons, and animals in the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC). The Supreme Court ruled that it cannot ask the Parliament to create new offenses.
Key Facts
- Case Name: POOJA SHARMA vs. UNION OF INDIA AND ANR.
- Judges Name: Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra
- The PIL says that the BNS omits the erstwhile Section 377 of the IPC, which criminalized ‘unnatural sex.’
- Section 377 of the IPC was nullified in Navtej Singh Johar v. Union of India related to consensual adult acts but still applies to non-consensual acts.
- The Supreme Court permitted the petitioner to make representations to the Union regarding legal gaps.
Legal Insights
The Supreme Court stresses on the separation of powers, stating that creating or modifying laws is the responsibility of Parliament.
Impact
This ruling highlights the absence of legal safeguards against sexual offenses in the new BNS, raising concerns for marginalized groups.
Why It Matters
The decision showcases the ongoing gaps in sexual offense legislation and focuses on the need for comprehensive reforms to safeguard vulnerable communities.
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