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2019 Supreme(Online)(DEL) 4551

HIGH COURT OF DELHI
SANJJIIV KKUMAAR – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

D.N. PATEL, Chief Justice (Oral)

1. This writ petition has been preferred with the following prayers:

“1. To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare Gender Specific Sections of IPC 375 & IPC 376 null, void and unconstitutional as per Article 13(2) of Indian Constitution as in current form IPC 375 & 376 are ultra-vires Articles 21 and 14 of Constitution of India, as after Right to Privacy Ruling where consent and bodily integrity of each citizen is now fundamental rights as a part of the freedoms and are intrinsic part of right to life and personal liberty under Article 21 and female and male both have equality before law and equal protection of law under Article 14 guaranteed by Part III of the Constitution.

2. To issue writ in the nature of mandamus or any other appropriate writ, order or directions, using Doctrine of Pari Materia to replace the IPC 375 and IPC 375 with Gender Neutral IPC 375 and IPC 376 of The Criminal law(amendment) Ordinance 2013 dated 3rd February 2013, No 3 of 2013, published in The Gazette of India (Extraordinary), as gender neutral IPC 375 and IPC 376 was enacted on the same subject but at di

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