Pune: Loopholes In Section 377 Enable Bail For Four Men Accused Of Raping Transgender Woman

The Logical Indian Crew

August 16th, 2017

Transgender Rape

Courtesy: Pune Mirror | Image Credit: Pune Mirror

The Pune sessions court has allowed bail for four accused in an alleged case of gang rape of a 19-year-old transgender that took place on 17 June in Wadgaon Budruk, reports Pune Mirror. The court had ordered for bail as Section 377 has no mention of a ‘third gender’.


The background

The survivor and her family complained to Sun City police chowki, under the Sinhagad police station, after she was able to flee from the clutches of the rapists.

The police were able to arrest three of the accused on 20 June. They were presented to the court on 21 June and were in police custody until 23 June.

They were booked under sections 377 (unnatural offences), 323 (punishment for voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace) and 506 (punishment for criminal intimidation) under the Indian Penal Code (IPC).

The survivor’s ordeal did not end at this. She and her family members were subjected to brash treatment and insensitive behaviour by the medical staff of the Sassoon General Hospital. She suffered severe mental trauma and was admitted to the hospital for two days.

As of now, she is stable and is at her home.


The decision of the court

The court initially sought medical reports, which the police failed to provide on the first day of the case. Once the reports with “other” gender were noticed, the court let all the four accused walk free last week.

Speaking to the Pune Mirror, public prosecutor Ujjwala Pawar, who was heading the case, said, “It was difficult for us to establish that a transgender was raped by four men. The law states that Section 377 of the IPC is intercourse against the order of nature with any man, woman or an animal. There is no mention of a third gender. We could have shifted the case to Section 376, but even that became difficult because there is definitive mention of a gender.”

The birth certificate of a transgender might speak of the sex of the individual – ‘boy’ or ‘girl’. But it is not as simple as that of other heterosexual people.The mention on the birth certificate is only but a farce.

Eminent transgender activists in Pune have been pained and angered by the decision of the court. Sonali Dalvi, a city-based transgender activist, found the court ruling’s appalling and insensitive, in spite of the Supreme Court directing the high courts that the transgenders should also be treated with equality.

“There is no fundamental substantive law that provides any respite to transgenders. Both Sections 377 and 376 require the mention of a gender, and if there is no amendment to that, we will not be able to push forward for life imprisonment of any other punitive result to the crime. If this were a culpable homicide then it would be easier to comprehend as there is no need for a gender here,” Dalvi added, speaking to the Mirror.


The Logical Indian severely condemns the entire episode where the court has been insensitive to the needs of the transgender community. This incident would prove to be a precedent for similar cases where the accused would think that he can go scot-free in spite of committing a heinous crime like this. We urge the concerned authorities to look into the matter, take all aspects into account and then ensure that justice is meted out to the ones who deserve it.

Share your thoughts..

Related Stories

Amendment of Transgender Bill: Government Accepts Standing Committee Proposal

transgender

Give Equal Rights To Transgenders In Jobs: SC Issues Notice To Civil Aviation Ministry, Air India

Transgender Cop

Tamil Nadu: First Ever Indian Transgender Cop Takes Charge In Chennai

Transgender Rights

Law Ministry Derecognises Transgenders As The ‘Third Gender’, Denies Labour Rights

Sex Not Valid

Bombay High Court Rules Consent For Sex Is Not Valid If The Woman Is Drunk

Rape Case

Rape Case Cannot Be Revoked Even If The Accused Marries Victim: Karnataka HC

Latest on The Logical Indian

Awareness

Average Dalit Woman Dies 14.6 Years Earlier Than Woman From Higher Caste: UN Study

News

UIDAI Refuses To Disclose How Much It Spent On Advertising Aadhaar In Past 8 Years, Despite Being Asked Under RTI

Awareness

Sex Ratio At Birth Dips In 17 States, Gujarat & Haryana Worst Performers: NITI Aayog Report

Rewind

Today, 8 Years Ago: WikiLeaks Accesses Thousands Of Classified Documents About US Military Misconduct In Iraq & Afghanistan

News

On Advice Of Tantrik, Hyderabad Couple Kidnap & Behead 3-Month-Old Girl Child To Ward Off “Evil Spirits”

News

Hindu Ekta Manch Takes Out Protest Rally In Support Of A Police Officer Accused Of Raping & Murdering An 8-Yr-Old