A bench of the Kerala High Court on Thursday orally remarked that the offence of rape should be made gender neutral while considering a matrimonial dispute moved by a divorced couple over custody of their child. This observation was made by Justice Muhamed Mustaque.

"Section 376 is not a gender-neutral provision. If a woman tricks a man under false promise of marriage, she can't be prosecuted. But a man can be prosecuted for the same offence. What kind of law is this? It should be gender-neutral," said Mustaque.