The High Court has issued a rule asking why the gender inequality in the rape laws and why Section 375 of the Penal Code should not be declared illegal.
The bench of Justice Md Mujibur Rahman Mia and Justice Ahmed Sohel issued the rule on Sunday, Barrister Tapash Kanti Bal told Bangla Tribune.
According to Section 375 of the Penal Code: “A man is said to commit ‘rape’ who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions: Firstly, against her will. Secondly, without her consent. Thirdly, with her consent, when her consent has been obtained by putting her in fear of death, or of hurt. Fourthly, with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly, with or without her consent, when she is under fourteen years of age.”
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According to the petition, the law does not have provision for punishment if any other gender other than a man is a perpetrator.
However, child rape, men raping men, women raping women and rape by transgenders have also become prevalent, said Tapash.
On January 14, 2021, a writ was filed with the High Court seeking to amend the law to include all genders.
It further added that Section 375 should be amended to include rape of males as well given the rising number of male children being raped across the country.
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Currently, rapes of male children are dealt under Section 377 of the Penal Code and such incidents are regarded as unnatural carnal intercourse.
The Section 377 states: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment] for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”