Sexuality is a very important dimension of being human. To ensure sustainable development, not only women but each gender should get the freedom, the power, and the support to freely access their sexual and reproductive rights. They should have the freedom to give consent or to make their own decisions. They should be free to marry a person of their choice; the freedom to have a live-in relationship; the decision to bear children; and other such decision-making powers. Most importantly none should face violence, criticism, discrimination, or exclusion merely due to their choices.
Definition of rape
The definition of ‘rape’ has been in dispute, but the term ‘rape’ may be understood to involve the sexual penetration of a man by force and without the consent of the woman. Rape is committed by male perpetrators and female victims, according to the given definition of rape u/s 375 of IPC. Now, we will discuss the rape laws that challenge the sexuality of females in India.
If we look at the definition of rape, then we realize that it is a women centric definition and the law doesn’t consider that a man can also be a victim of the offence of rape. In the eyes of law, a female can be the only victim of rape and it doesn’t even recognize the offence against the third gender.
Is there a need of amending the rape law? Yes, there is a need of the same and rape laws should be gender neutral. Rape is a heinous offence and a man can also be a victim of the same. The time has come that we amend the old laws as the time has change and now men are being harassed and molested by women for personal gains.
Gender neutrality
India was a male-dominated patriarchal society where a woman had no individuality, but this was the scenario before independence. Now, the situation has changed, the Constitution of India provides equal rights to both men and women. There have been various enactments for the advancement of women including stringent rape laws.
With time, society has shifted towards feminism that aimed for the betterment of every section of society however, the concept has been misunderstood and it is considered betterment of only one gender. Due to this reason, the legislation has failed to adopt a practical approach for uplifting every section of society. Hence, in India, we have several legislations to protect females but no particular legislation exists to ensure protection for men against sexual crime.
According to a report of PUCL Karnataka transgender community and men do become a victim of rape. As per the said report, 10.5% of men (college students) were raped and 10.5% of men suffered from an attempt to rape. According to another survey that was conducted by the Centre for Disease Control and Prevention, 67.4% of females were reported as perpetrators of sexual assault. Men do sufferer due to sexual crimes but there is no legal remedy available to them against sexual crimes.
The debate has arisen to have gender-neutral laws as on the one hand feminist assume women to be the subject of feminist politics, but on the other hand queer-inflected feminism opens up the question of subjectivity in destabilizing ways. With the former, we can say that feminist practice recognizes patriarchy as an ordering system that systemically disempowers women; however latter highlights feminist politics. There is a need to have gender-neutral rape laws about the victim that should cover rape against men and transgender as well.
If we see, then there is plethora of data on rape over women but negligible data on commission of this offence over men. Why is it so? The reason behind this is not that men don’t face the sexual and physical abuse it is because there are no laws identifying the offence of rape against men. Imagine a situation that a man ‘X’ goes to the police station to lodge a complaint against ‘Y’ a woman for committing sexual assault what would ‘Z’ the policeman does? Under which Section, provision of law ‘Z’ would lodge X’s compliant? Are there any provisions in law that recognizes offence of rape against men? No.
This shows that we need amendment in our rape laws and we need provisions that are gender neutral and not only protect one gender i.e. women.
Do men only rape?
Let’s discuss the issue based on different approaches:
BIOLOGICAL APPROACH
If there is a physical relationship between a man and a woman, a man cannot always be blamed. The situation must be analyzed from different angles and then the relevant conclusion may be drawn. As a woman can also force a man to get physically involved with her. The reasons may be many that is she may be sexually attracted to the man, she wants to take revenge, wants to extort money, wants to harass him, etc. Considering that biologically men can only commit rape on women is wrong and this mind set needs to change.
MEN ARE PHYSICALLY STRONGER
No doubt men have always been physically stronger than women. Even though it might not be true, society has always thought and projected a man to be stronger and a woman to be weak.
Also, the other side of the coin is that as the society considers a man is stronger than a woman hence the offence of rape can only be committed by the men who came impose themselves on the women. But it is not true as men could be victim too, a woman may physically assault a man or she may charge them falsely to extort money or to take revenge, there have been instances where women have blamed men for rape if they refused to marry them.
MEN ARE SEXUALLY DOMINANT
The deeply imbedded mind-set says that men can rape women in a much easier manner than women as men are considered physically stronger and they can be sexually as well as physically dominant. It is considered that a woman cannot sexually dominant a man without the cooperation of a man.
All these reasons comprise why men rape women more than men are raped. The offence of rape has become gender specific and reports regarding rape on women are covered but there are negligible data/ news on rape over men.
However, there have been instances of men raping men and women raping women as well. It can be said that it cannot be concluded that a man can only rape a woman. Gender issues might not even be a thing shortly in such rape cases due to so many kinds of gender indulging in rape with each other.
Preventing Undermining of Women Centric Law
In India, there has been a sudden rise in frivolous litigation regarding the allegations of sexual assault. As per the data of Delhi Commission for Women (DCW), it was revealed that 53.2% of the rape cases were filed between April 2013 – July 2014 in Delhi that were false. Such unscrupulous women significantly undermine the fight against sexual violence. When rape cases are found to be false, it creates a negative social effect and then the genuineness of victims are suspected.
Conclusion
Due to false cases, the real cases get overshadowed and do not receive the required attention. The laws need to evolve towards men and the third gender considering their sufferings too. The Delhi Court stated that “It is time now to have laws to protect and restore the dignity of men charged with false rape cases as everyone is just fighting to protect the honor of women”. Just because there are no laws for men to protect them against false rape accusations is not the end of the battle.