A petition has been filed in the Supreme Court to make section 420 of IPC a gender neutral. Nagaraju has filed a special leave petition seeking answers to some important questions of the law, leading to the question whether it would be rape if a woman had sex by promising marriage and then broke up after a long relationship. 


The questions are like this: 

 1. Is the offense defined under section 420 of the Indian Penal Code gender neutral? 

 2. Will betrayal and rape if the relationship established on the promise of marriage is dissolved by a woman?

 3. "Is it a crime to refuse to marry on the basis of a lower caste after a long relationship?


 4.  Is there any difference between gender-identity and gender under the law?

 Petitioner challenged an order of the Karnataka High Court It is stated that the FIR filed against her by a woman was rejected in 2016. After this, the petitioner has asked these questions challenging the High Court order in the Supreme Court.



This is the case:


 An FIR was lodged against the woman under sections 420 and 506  the woman was the daughter of the head priest of a temple. The petitioner befriended the girl and the girl gave him a love offer. The petitioner then tried to convince her that they both could not marry, as she belonged to the scheduled caste and the girl was born in a higher caste. However, the girl promised the petitioner that caste would not be an obstacle in their marriage. 


Subsequently, the petition alleged, the woman insisted on having sex with him and started having sex despite her opposition. Once the defendant got a job in Mysore, his behavior changed, he started ignoring the petitioner's call and whenever he spoke to the woman she would speak very rudely. 

According to the petitioner, when she asked the woman about her marriage, she said "We do not allow you guys to clean our home toilets too." The defendant alleged that the woman allegedly told the petitioner that she was not "qualified" to marry him and threatened to kill her because, her father was an influential person in the area. 


After Nagaraju's FIR was lodged, the woman filed an anticipatory bail application, which was rejected by the district judge, stating that a prima facie case of fraud had come to light. The woman then filed her application before the High Court, on which the woman was relieved. This order of the High Court has been challenged in the current SLP.



The petition presented by advocate Syed Kamran Ali is as follows:


 "The present petition exposes inequalities in criminal jurisprudence which deny the right to justice for a person of one gender on the same basis as the person of the other gender. Is received. In the present petition, the petitioner seeks asylum against the oppression, injustice done to him by the respondent no. 1 


"The purpose behind this petition is to protect men and women their rights against being physically tortured by another person without their consent. It is emphasized that any physical relationship If once the element of consent is removed, irrespective of their gender, there is a case of sexual violation or rape by the other person. "







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