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G.P.MATHUR
Sakshi – Appellant
Versus
Union of India – Respondent
Key Points: - The petition seeks to broaden the interpretation of "sexual intercourse" in section 375 IPC to include all forms of penetration (penile/oral, penile/anal, finger/vaginal, etc.) (!) (!) - The petition raises whether non-consensual penetration should be subsumed under section 375 or remain under sections 354/377, considering child victims and the intent of amendments to protect women and children (!) (!) (!) - The court discusses defendant-protective procedural measures for child sexual abuse cases, including recording evidence via video, screens to shield victims, written cross-examination questions, and breaks during testimony (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
Judgment
G. P. MATHUR, J.
( 1 ) THIS writ petition under Article 32 of the constitution has been filed by way of public interest litigation, by Sakshi, which is an organisation to provide legal, medical, residential, psychological or any other help,assistance or charitable support for women, in particular those who are victims of any kind of sexual abuse and/or harassment, violence or any kind of atrocity or violation and is a violence intervention centre. The respondents arrayed in the writ petition are (1) Union of India; (2) Ministry of Law and justice; and (3) Commissioner of Police, new Delhi. The main reliefs claimed in the writ petition are as under :
A) Issue a writ in the nature of a declaration or any other appropriate writ or direction declaring inter alia that "sexual intercourse" as contained in section 375 of the Indian Penal Code shall include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal penetration and object/vaginal penetration;
B) Consequently, issue a writ, order or direction in the nature of a direction to the respondents and its servants and agents to register all such
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