Male Rape: India’s Gender-Specific Rape Law 06/07/2019 – Posted in: Daily News

MALE RAPE: INDIA’S GENDER-SPECIFIC RAPE LAW

 

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The Centre has told the Delhi High Court that “the existing definition of rape under Section 375 (rape) should be left untouched”.

India’s gender-specific rape law under which the culprit of the offence can only be a ‘man’.

 

Background

  • A process was initiated in 2012 (Nirbhaya Case) to make rape law gender neutral through the Criminal Law (Amendment) Bill. However, the process was suspended.
  • Subsequently, the Criminal Law (Amendment) Act, 2013, was enacted.
  • The law widened the definition of sexual offences and enhanced punishment. But did not go into the issue of making rape law gender neutral.
  • After due deliberations at various levels, it was decided that Section 375 of the Indian Penal Code would be kept gender-specific qua the perpetrator of the offence and the perpetrator (culprit) is said to be a man”.
  • In India, sexual crimes against boys under 18 years are covered under the POCSO Act.
  • Once they become adults they do not have any legal recourse.

 

Arguments in favour

  • These sections have been established to protect and ensure a check on the rising level of sexual offences against women in the nation.
  • The ambit of the Protection of Children from Sexual Offences (POCSO) Act, which covers all types of sexual offences against minors, and Section 377 of the IPC were adequate to cover every single sexual offence.

 

Arguments against

  • According to a petition filed by a social activist, Sections 375 and 376 of the Indian Penal Code are “gender neutral” because it protects only females.
  • Men sometimes fall victim to the same (rape), or at least very similar acts.
  • Male rape is far too prevalent to be termed an anomaly or freak incident.
  • Law Commission of India, in its 172nd report, had recommended changes for widening the scope of rape law to make it gender neutral, by substituting the definition of ‘rape’ with that of ‘sexual assault’.

 

Source: The Hindu

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