SEXUAL OFFENCES AND NEED OF GENDER NEUTRAL LAWS

From the past few decades the approach of sexual violence in human rights has focused basically on the abuse of women and girls. But in the meantime sexual offences against men and transgender has increased a lot in prisons and also in other places. The criminal laws in India relating to rape has always been gender specific in which men have always been the perpetrator and women is always the victim of sexual offences. The Justice Verma Committee (2013) which was formed after the famous Nirbhaya gang rape case, recommended gender neutral laws with respect to sexual offences and also the victims. However, ignoring this Government passed criminal law amendment act, 2013 without these much needed reforms.

For the last few decades, the common approach to sexual violence has focused mainly on women as a victim. Given that men are usually conceptualized as the sexual aggressor or the perpetrator, however, there has been a growth in research examining male victims’ experiences of the criminal justice system which has challenged many societal myths regarding adult male sexual victimization and has also highlighted the extent to which misunderstanding regarding male/transgender rape influence the attitudes of the criminal justice professional and of the wider community. Thus the question arises whether a gender-specific approach towards a rape victim is justified? Should there be a more expansive definition of term victim to deal with the sexual offences and recognize male/transgender rape as a horrific form of sexual assault?

Under Section 375 and 376 of the Indian Penal Code, only a man can be convicted of committing rape and the victim can only be a woman. Further, the laws relating to stalking, voyeurism and sexual harassment are gender specific i.e. the perpetrator can only be a man while the victim can only be a woman. However, the law relating to throwing acid is gender neutral as the word used is ‘whoever’. The Indian law is based on the belief that a victim of rape can only be a woman. This arises from the assumption that rape is an act of sex alone to satisfy the sexual desire of the perpetrator. However, there is a growing awareness that sexual assault is not only an act of lust and desire but also a manner of showing dominance or superiority of one caste, class, religion, community over the other and are acts of power and humiliation. If this is so, then there is no reason the male gender is excluded from being a rape victim in India.

In India one does not come across cases of male/transgender sexual assault/rape on a daily basis as in case of women rape. Since the legal definition of Rape suggests that it can be done by a man only, then think how many male rape survivors exist in India. In the absence of legal recognition of male rape many male victims stay silent and share their story by using different means, the most glaring example of male rape victims is Vinodhan, a young boy from Chennai. In the media frenzy that followed the brutal rape of 23-year-old in Delhi. Vinodhan was moved to write about his brutal gang rape incident at the age of 18 years. There are many other such kind of male rape victims that don’t get justice.

From the above discussion it is very well clear that the negative social outlook of the society towards male/transgender rape/sexual assault operates as a barrier to recognition of the problem and may influence the decision making of the law makers. It may appear that male/transgender rape is a phenomena which is confined to prisons or social reality which is not worthy of legal recognition. But to see it from other side it is a ceased sexual activity against the body of the person. It is not only confined to sexual violation of man/transgender against his will or consent, but also the violation of a person’s body autonomy and an individual’s right.