Need to approach rape laws in India again : As Men Can Be Raped Too
Indian rape law is defined under Section 375 of the Indian Panel Code which eradicate the possibility of a female executioner and a male victim. Thus, an act to constitute rape under law that it must constitutionally be performed by a man upon woman without her consent.
Even though the Criminal Law Ordinance, 2013 made the law gender unbiased in reference to the victim and accused, it ancillary the word rape with sexual assault, evacuate the law on rape still narrow in scope and application. Argument in support of such laws is that the act of rape is a manifest of male power and supremacy over women in a paternal society like India.
In cognizance what constitutes rape, worldwide law has advanced for viewing it simply as penile-vaginal to penile-orifice and then to penetrative-orifice, all within a coercive context.
The concept is very deeply entrenched in the Indian definition of rape mentioned in the Indian Penal Code:
Section 375 of Rape: A man is said to commit rape – if he,
• Pierce his penis into the vagina, mouth, urethra, Or anus of a woman or makes her to do so with him or any other person at any extent.
• Insert any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person at any extent.
• Palpate any part of the body of a woman so as to cause perforation into the vagina, urethra, anus Or any other part of the body of such woman or makes her to do so with him or any other person,
• Put on his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person under the conditions falling under any of the following seven elucidation:
1. If it happens against her will.
2. With her consent but her consent would be obtained by putting her or any person in whom she is interested in fear of death or hurt.
3. With her consent, when the man knows that he is not her husband but after that she given consent because she believes that he is another man to whom she is belief herself to be lawfully married.
4. With her consent, at the time of giving consent, she is in the state of unsoundness of mind or intoxicated or the administration by him personally or through with another of any narcotize or noxious substance, due to that she is unable to understand the nature and significance of that which she gives consent.
5. If she is under eighteen year of age, with or without her consent. Or,
6. When she is not able communicate consent.
Vagina also includes labia majora, for purpose of this section and the consent means an express or implied agreement when the women by the words or expression or any form of verbal or non-verbal communication because communication willing to participate in the specific sexual act. Even though also, the medical procedure should not constitute an rape. Also, the sexual intercourse by a man with his own wife (not being under fifteen year of age) is also not rape.
IPC takes into concern only traditionally thought about examples of rape where a man forcefully perforate into a woman through his penis or otherwise. The myopic definition it circumscribe fails to recognize the instances and possibilities of men being raped by women or by other man. It also refute the possibility of a female being raped by another female.
The US Department of justice has stated that 99% are men and 1% of women are convicted of those rape. Since, no legal remedy is available for Indian men, they were hardly have ever any complaints of FIRs filed. Even though they have the fear of social accusation and ridicule coupled with female deceive which holds Indian men back and though accurate statistics are not available.
Prima facie the first issue of the idea of rape bring served from female specific significance for the survivor seems the most manifest and logical objections since indian society places a greater burden on women to be virgin and pure rather than on men. The society requires only women to be virgins before their weddings but the same was not asked from the men.
It does not imply in any way that a women alone face embarrassment and separation at the hands of the society. Mens too are subject to contempt of being womanish or homosexuals, which also don’t affect women so gravely, and are taboo subjects for men.
The second issue was regarding the abuse of gender unbiased is certainly possible but it’s probability and effectiveness are under suspect.
The primary reason for the thought process of women cannot rape men as that penetration is not possible until the men is induced and that induced implies consent. This concept is not only flawed fundamentally but also statistically as it is proven by the studies that even in the case of extreme stress, embarrassment, anxiety or fear or terror men have found to have been induced and some have even discharge.
Male rape is not so unusual in India as to be termed as anomaly by initiate gender neutral laws as aim to help large number of men. It needs to be understood as an attack on bodily virtue and safety rather than an attack on virginity or societal honor. Even though the significance on men are also hostile if not more. It is also possible that gender unbiased rape laws will afford a more central position to consent and by doing so, it moves the rape discourse away from the significance and honor to infringement and disregard for bodily virtue. In that way, gender unbiased rape laws may actually leave woman better off.
Author: Prashanshu sharma,
Lloyd college and 1 year / law student