Delhi HC seeks Centre's reply on plea to recognise offence of rape against transgender women

New Delhi, Oct 8 (PTI) The Delhi High Court on Wednesday sought response from the Central government on a petition seeking inclusion of transgender women under the provision of law pertaining to rape.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela also appointed senior advocate N Hariharan as amicus curiae, to assist the court in hearing the Public Interest Litigation (PIL) filed by Chandresh Jain.

The PIL urged the court to interpret Section 63 (offence of rape) of Bharatiya Nyaya Sanhita and include transgender women under its ambit.

At present, Section 63 states that "a man commits rape if he penetrates a woman's body..." This does not include transgender women.

The bench issued a notice to the Central government and directed it to file its response within six weeks.

"The petition urges the court to interpret the provisions of Chapter 5 of the Bharatiya Nyaya Sanhita, which are in relation to sexual offences against women and children, to include trans women and trans children as well. There are certain other issues that have been raised in the petition as well, touching upon the welfare measures to be provided to trans persons in the society as per the mandate of the Supreme Court judgment in NALSA. Having regard to the nature of the issue involved in this case, we request N Hariharan to assist the court as amicus curiae," the bench said.

Hariharan, who was present in the court during the hearing, said that recognising the offence may be possible.

However, the bench said that "prima facie" interpreting the provision to include transgender women and children in Chapter 5 of Bharatiya Nyaya Sanhita (offences against women and children) may not be possible.

"This interpretation would perhaps not be possible. That is our prima facie opinion. If that were possible, 376 of the Indian Penal Code (criminalising rape) would have been interpreted to include transgender women," the bench said.

The PIL has also sought a direction to extend the protection of Chapter 5 of Bharatiya Nyaya Sanhita to trans persons. PTI UK UK RUK RUK