Justice Bhat: If a gay man rapes another man...
SG Mehta: That would be 377.
CJI DY Chandrachud: If it's without consent then.
SG Mehta: Yes I stand corrected.
SG Mehta: See the definition of rape- only a man can be guilty of rape.
Justice Bhat: Even Section 376 will not apply in the case of same sex couples who are males?
SG Mehta: Section 375 applies only to males.
SG Mehta reads Section 304B IPC- Where the death of a woman is caused by any burns or bodily injury...subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death".
SG Mehta: The word 'man' denotes all the male human beings & 'woman' denotes all female human beings.
SG Mehta: Kindly for an illustration now see the Indian Penal Code. "Man" and "Woman" are defined under Section 10.
SG Mehta now takes the court through the Dowry Prohibition Act: They also mention "bride" and "bridegroom".
SG Mehta refers to Domestic Violence Act: Please see Section 2(a)-
"aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent"
SG reads more provisions which he states cannot be gender neutral: Spinster and bachelor has its own meaning
Justice Bhat: This language needs to be updated.
SG Mehta: This is 1872.
Justice Kohli: Time to update ourselves.
SG Mehta: There is different eligibility to adopt a child. If it's a man, he cannot adopt a girl child less than 21 years of difference. If it is a female, she cannot adopt male that way. So it cannot be gender neutral.