Republic India

PIL filed in Delhi High Court to make Rape Laws Gender Neutral to protect and enforce the Fundamental Rights of Male Children turning 18 yrs

On 27/09/2017, there was a hearing in Hon’ble CJI Court, Delhi High Court on a PIL Writ Petition Civil – 8745/2017 to make Rape Laws Gender Neutral to protect and enforce the Fundamental Rights of Male Children turning 18 yrs

THE MIDNIGHT ADULT – THE TYRANNY OF 12 O’CLOCK SYSTEM
That, the genesis of this writ petition goes back to the unfortunate, heartbreaking and gruesome incident of Ryan International School where a devilish wicked man tried to sexually disrobe the bodily integrity of a just 7 year old innocent brave child and when unable to do so brutally murdered a young child who is now son of every mother of India and brother of every woman of India, India’s Abhimanyu.

Prayer in the Writ Petition:

  1. To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare Gender Specific Sections of IPC 375 & IPC 376 null, void and unconstitutional as per Article 13(2) of Indian Constitution as in current form IPC 375 & 376 are ultra-vires Articles 21 and 14 of Constitution of India, as after Right to Privacy Ruling where consent and bodily integrity of each citizen is now fundamental rights as a part of the freedoms and are intrinsic part of right to life and personal liberty under Article 21 and female and male both have equality before law and equal protection of law under Article 14 guaranteed by Part III of the Constitution.
  2. To issue writ in the nature of mandamus or any other appropriate writ, order or directions, using Doctrine of Pari Materia to replace the IPC 375 and IPC 376 with Gender Neutral IPC 375 and IPC 376 of The Criminal law(amendment) Ordinance 2013 dated 3nd February 2013, No 3 of 2013, published in The Gazette of India (Extraordinary), as gender neutral IPC 375 and IPC 376 was enacted on the same subject but at different time, were law of the land from 3rd February 2013 to 1st April 2013 .
  3. To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare The Criminal law(Amendment) Act 2013 dated 2nd April 2013, No 13 of 2013, published in The Gazette of India (Extraordinary), null, void and unconstitutional as per Article 13(2) of Constitution of India, as Indian Parliament by applying the Act Retrospectively[Ex Post Facto] from 3rd February 2013 did something beyond power vested on it and violated human rights of citizens and denied the people gender neutral laws(IPC 375, 376, 376D, 354A, 354C, 354D) of ordinance along with other specifics of law of the land as per the ordinance which was effective from 3rd February 2013 to 1st April 2013, thereby making the Criminal Amendment Act dated 2nd April 2013 ultra vires Article 20(1), 14 and 21 of Constitution of India.

A notice has been served to the Union of India by the Hon’ble Chief Justice of Delhi High Court. Next date of hearing is 23 November 2017

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A copy of the PIL Writ Petition filed in Hon’ble Delhi High Court attached herewith

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Order dated 27 September 2017(Uploaded 13-Oct-2017 Evening on DHC Site) of Hon’ble Delhi High Court attached herewith

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Order dated 23 October 2017(Uploaded 26-Oct-2017 Evening on DHC Site) of Hon’ble Delhi High Court attached herewith

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Human Right & Social Reforms Activist, #GenderEquality, Justice & Equality For All & Appeasement/Priveledges for None, BTech, MTech Comp Science(JNU), Area of Research: Constitution, Criminology, Penology, Human Rights, Gender Justice & Equality

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Sanjjiiv Kkumaar
email: sanjjiiv@republicindia.org
Mob: 9013465694

Sanjjiiv Kkumaar

Human Right & Social Reforms Activist, #GenderEquality, Justice & Equality For All & Appeasement/Priveledges for None, BTech, MTech Comp Science(JNU), Area of Research: Constitution, Criminology, Penology, Human Rights, Gender Justice & Equality

Get in touch

Sanjjiiv Kkumaar
email: sanjjiiv@republicindia.org
Mob: 9013465694