Delhi High Court Questions Missing Protections in New Criminal Laws
The Delhi High Court has asked the Centre to clarify its stance on a Public Interest Litigation (PIL) regarding the new Bharatiya Nyaya Sanhita (BNS). The PIL claims that the BNS lacks provisions equivalent to Section 377 of the Indian Penal Code (IPC), which previously criminalized non-consensual unnatural sex.
The court, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, has given the Centre ten days to respond, with further hearings set for August 27, 2024. The Centre’s counsel, Anurag Ahluwalia, requested more time to obtain instructions, emphasizing the issue’s complexity.
The PIL, filed by Gantavya Gulati, argues that the omission of such provisions in the BNS could harm vulnerable communities by removing protections against non-consensual sexual acts. The PIL seeks temporary reinstatement of these protections and amendments to the BNS to include clear provisions criminalizing non-consensual sexual acts.
The petition asserts that this legislative omission violates fundamental rights under Articles 14, 19, and 21 of the Constitution and could cause irreparable harm to individuals and communities.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a big building in Delhi where judges work to make sure everyone follows the laws.
Centre -: The Centre refers to the central government of India, which makes rules and laws for the whole country.
PIL -: PIL stands for Public Interest Litigation. It’s when someone goes to court to help protect the rights of many people, not just themselves.
Bharatiya Nyaya Sanhita (BNS) -: Bharatiya Nyaya Sanhita (BNS) is a new set of rules and laws that the government wants to use instead of the old ones.
Section 377 of the IPC -: Section 377 of the IPC was an old law in India that made certain types of non-consensual unnatural sex illegal.
IPC -: IPC stands for Indian Penal Code, which is a big book of laws that tells what is right and wrong in India.
non-consensual unnatural sex -: Non-consensual unnatural sex means forcing someone to do something sexual that they don’t want to do, and it’s not considered normal by the law.
vulnerable communities -: Vulnerable communities are groups of people who might need extra help and protection because they can easily be harmed or treated unfairly.
Gantavya Gulati -: Gantavya Gulati is the person who went to the court to ask for help in making sure the new laws protect everyone.
amendments -: Amendments are changes or additions made to laws to make them better or fix problems.
