The fourth most prominent crime in India, rape is generally assumed as a crime done against a woman by a man. However, it could also be committed against males, homosexuals, and the transgender community. A study conducted by The Centres for Disease Control and Prevention in the United States revealed that 1 in 17 men interviewed was forced sexually at some point in their lives and 86.5 of these cases were committed by males.
Recently, while hearing a custody dispute between a divorced couple, Justice A Muhamed Mustaque made the oral observation that rape should be made a gender-neutral offense under the IPC. The Kerala High Court observed that “if a woman tricks a man under the false promise of marriage, she can’t be prosecuted, but a man can for the same offense”.
The wife’s petitioner plead that the father of the child is a rape accused, to which the counselor for the husband said that the father was released on bail as the court found that the allegations on him of “having sex under the false promise of marriage” was unsubstantiated.
It was observed by the court that Section 376 of IPC (punishment for rape) is not a gender-neutral provision. Section 375(4) states that a man would be guilty of rape if he knows that he is not the husband of the woman and that her consent for sexual relationship is under the belief that he is her lawfully wedded husband.
In 2018, in a petition filed by a NGO called Criminal Justice Society of India in the Supreme Court, the issue of exclusion of men and transgender persons in the rape law was raised. The Supreme Court noted that the issue is valid, however an existing provision just can’t be struck down without a new law.
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Laws in favor of males victims:
There isn’t any particular law for male victims in India. ·
Section 377 of IPC defines unnatural offenses and criminalizes carnal intercourse against the order of nature with any man, woman or animal (according to a recent SC judgment won’t be an offense under this section if the act is committed between two consenting adults)
POCSO act criminalises sexual assaults against male child.
However, there is no provision for an adult male. The conservative belief that it is only the females who are exploited has left the males vulnerable. Today, the legislature should take into account the kind of exploitation men are facing due to laws which favor females. While ensuring that females are protected it should also be taken into account the kind of effect these special laws have upon the other section of the society.
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