In view of the judicial recognition that persons of all genders can effectuate acts which can culminate into the violation of the propriety of a woman, we are faced with a larger question as to the limited scope/ applicability of Section 354A of the IPC. Similar to Section 354, the acts contemplated in Section 354A are also likely to violate and outrage the modesty or propriety of a woman, more so, since they evidently carry sexual overtures. In view thereof and in order to keep pace with the evolution of the society / drift in stereotypical societal constructs, it may be beneficial if all laws pertaining to protection from sexual offences, whether under the IPC including Section 354A, or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘SH Act’), are made gender neutral.
Source: Barandbench
