Challenge to Section 69 of Bharatiya Nyaya Sanhita: PIL Filed in Kerala High Court
Last Updated on September 9, 2024 by Athi Venkatesh
A Public Interest Litigation (PIL) has been filed before the Kerala High Court challenging the constitutionality of Section 69 of the Bhaaratiya Nyaya Sanhita (BNS). This section criminalizes sexual intercourse based on deceitful means, such as false promises of marriage. The petitioner argues that the section violates the constitutional rights to equality, freedom of expression, and the right to life.
The provision, according to the petitioner, reflects patriarchal views. It criminalizes only men who deceive women into sexual relations, suggesting women are passive in such decisions. The plea argues this treats women as property and reinforces gender stereotypes. The petitioner contends that women, too, can propose marriage or hold positions of power, and that the law unjustly excludes these possibilities.
Furthermore, the petitioner criticizes the lack of clarity in the law’s use of terms such as “identity.” They argue that without defining identity, the law could apply to various factors like marital status, religion, or caste. This lack of precision, they claim, creates vagueness and opens the door to misuse.
The plea highlights the law’s exclusion of the LGBTQ+ community and its one-sided view of deceit in sexual relationships. It also emphasizes the complexity of relationships, particularly in modern contexts like live-in partnerships. The petitioner refers to previous rulings, like Khushboo v. Kannaimal (2010), where the court recognized live-in relationships as consensual and not criminal.
Overall, the petitioner asserts that Section 69 unfairly penalizes consensual relationships and reflects an outdated, patriarchal mindset. The petition was filed by Advocates Shruthy N. Bhat, Vipin Narayan, and Nanditha S.
