New Delhi, 14 October (H.S.): On Monday, the Supreme Court is set to hear a plea regarding the absence of protection for non-consensual unnatural sex against males, females, transgenders in the newly enacted Bharatiya Nyaya Sanhita (BNS).

This comes after the repeal of Section 377 of the Indian Penal Code (IPC), which previously punished such acts with a life sentence or 10 years of imprisonment. The writ petition, filed under Article 32 and 142 of the Constitution, raises concerns about the omission of a parallel penal provision for these offences in the BNS.

This omission is seen as a violation of fundamental rights under Article 14 and 21 of the Constitution. The plea points out that this gap in the law has left victims without legal recourse and requests the Court to address this issue urgently.

In August, the Delhi High Court had also directed the government to consider a petition seeking the inclusion of these offences in the new penal code within six months.

With the matter now before the apex court, it remains to be seen how it will address this crucial issue and uphold the rights of all individuals.

Hindusthan Samachar / Indrani Sarkar