IPC Section 375 defines rape and lists seven notions of consent that, if vitiated, would constitute the offence of rape by a man.
The crucial exemption is this: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
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Pointing out that the law “criminalises the entire transgender community”, a bench of the Telangana High Court struck down the law. They also directed the govt regarding welfare measures and reservation for the community.
The HC directed the state to issue necessary orders providing reservation to trans persons in education and employment, besides instructing the Telangana Transgender Welfare Board to monitor steps taken by the government.
The bench comprising Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy observed that the Telangana Eunuchs Act violated the human rights of the third-gender community.