A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA

AUTHORS – KESHAV MANIKERNIKA & K CHAKRA PANI, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – KESHAV MANIKERNIKA & K CHAKRA PANI, A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 455-462, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Rape has always been a heinous crime in our society. In a society like India, rape has been attached to religious and societal values and essence, making it not only a criminal act but an act against the societal fabric and peace. Indian law has defined rape as an offence under Section 376 of the Indian Penal Code (IPC). There are different forms of rape being made punishable under it, ranging from 376-A to 376-E, making it one of the most stringent offences leaving no loopholes for the accused. But there is one flaw: it considers only a woman as a victim. Framed during the British Era, when the ‘man’ was a ‘masculine beast’ and nothing could make him weak, the IPC has always had the patriarchal notion of the offence of rape, making only the woman a victim, and a man the perpetrator. There is a lack of gender neutrality in laws relating to rape. The only offence which relates most closely to the rape of men is Section 377 of the IPC, which defines unnatural offences. The cases of rape against men are never noticed, while only some appear in the light of the day. Rape of men is perceived as biologically impossible as per the latest definition in the IPC and as per the societal norms. The absence of a gender-neutral rape law poses a problem towards not only the safety of men but also the societal fabric surrounding men. Along with the feminist movements supporting the empowerment of women and posing patriarchy as a threat to be demolished, laws on the safety of men are not in sight. A woman cannot be charged for rape but can only be charged for facilitating such a crime. This notion of men not being able to get raped, but only sodomised, has questioned the theory of gender equality and feminism, which have roared for the women, but stayed silent for the men.

KEYWORDS – Gender equality, Criminal Law, Rape, Section 376 IPC, Section 377 IPC, Sodomy, Male Rape