Discriminatory To Presume That Only Man Can Make Promise To Marry And Deceive: Kerala HC Issues Notice In Plea Challenging Constitutionality Of Section 69 Of BNS

12-10-2024

Discriminatory To Presume That Only Man Can Make Promise To Marry And Deceive: Kerala HC Issues Notice In Plea Challenging Constitutionality Of Section 69 Of BNS

The Kerala High Court has admitted and issued notice in a Public Interest Litigation (PIL) challenging the constitutionality of Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse obtained through deceitful means, including false promises of marriage. The petitioner, a practicing lawyer, who is also a member of the Kerala High Court Bar Association, argued that the provision is discriminatory and violates Article 14 guaranteed under the Constitution of India. The Bench of Acting Chief Justice A Muhamed Mustaque and Justice S. Manu issued notice to the Union of India, on September 9, and sought its response on the PIL. The PIL filed through Advocate Shruthy N. Bhat contended that Section 69 is rooted in patriarchal and misogynistic assumptions, treating women as passive participants in sexual relationships and reinforcing the stereotype that they are incapable of making independent decisions regarding sexual acts. According to the petition, the law reduces women to a "non-entity" and disregards the fact that women can also actively initiate sexual relationships or deceit.