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Case if a man rapes by saying marriage, and if a woman cheats? Know what the High Court judge said…


The Kerala High Court, while hearing a case on Thursday, made serious remarks. The court said that crimes like rape should not be linked to gender. This crime should be gender neutral.

Kerala High Court Judge Mohammed Mushtaq made the remarks during the hearing on the custody of the daughter of a divorced couple. The judge has expressed concern over Section 376 of the IPC. He says that the law should be gender neutral. During the hearing, the woman’s lawyer argued that the woman’s husband is an accused in the rape case.

The opposition lawyers argued that their client was out on bail and was accused of raping her in the name of marriage, which is baseless. Judge Mohammad Mushtaq, who was hearing the case, said that Section 376 is not gender neutral. Because if a woman cheats a man by asking him to marry her, she will not be prosecuted. But if a man commits this crime, he will be prosecuted, what kind of law is this? This law should be same for all.

Earlier in the day, during the hearing in another case, the judge expressed concern that some aspects of the article are not the same for men and women. He said some provisions of the Indian Penal Code for offenses like rape are not gender neutral. Just as a woman makes physical relations with a man in the name of marriage, in the same way a woman is not punished on obtaining consent, but if a man does so and has physical relations with a woman, he will be prosecuted. is run.

What is section 376 of IPC? Under Section 6 of the Indian Penal Code, forcibly having sex with a woman is included in the category of rape. The person doing so will be guilty of law and there is a provision of strict action against him.

Significantly, this remark of the High Court judge has come at a time when it has been seen many times that this law is being misused. So far, many such cases have come to the fore in which this section has been misused against men.

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