SC Issues Notice To Center Against Discriminatory CrPC's Sec 64

Supreme Court on 21 November, Monday issued notice to the Centre on a plea challenging Section 64 of the Code of Criminal Procedure (CrPC). SC claims it discriminates against women as it treats the female members of the family as incapable of accepting the summons on behalf of the person summoned.

Kush Kalra filed the plea and submitted that the CrPC does not consider an adult female member of the family capable and competent to receive a summons. The plea was made through advocate Jyotika Kalra. The plea was heard by Chief Justice DY Chandrachud and Justice Hima Kohli. After hearing submissions from counsel, judges demanded a response from the Central government.

SC On Discriminatory CrPC's Section 64

The plea consists that Section 64 clearly violates the women’s right to equality guaranteed to them under Articles 14 and 15 of the Constitution, the right to know guaranteed to them under Article 19(1)(a) of the Constitution, and the right to dignity guaranteed to them under Article 21 of the Constitution.

The plea read- “Section 64 CrPC jeopardises the victim’s right to speedy trial guaranteed to him under Article 21 of the Constitution. Apart from significantly delaying the proceedings, section 64 CrPC creates hardships for all other relevant stakeholders as well."

The petitioner also called section 64 Crpc archaic and dogmatic. The plea also brings to notice that Section 64 essentially fails to account for the situations wherein a person summoned resides only with female family members or the only person available at the time of service of summons is a female.

The petition also pointed out that the possibility of such a situation is high in light of the stark gender gap in the workforce between males and females. Only 22% of Indian women are at work, that means remaining 78% of women are at home.

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