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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

A NEW PARADIGM IN SEXUAL VIOLENCE LAW: GENDER NEUTRAL APPROACH TO PROVISION OF RAPE – Adv. Sanskriti Sinha

SYNOPSIS

  • INTRODUCTION

It is an undeniable fact that gender neutrality of the laws is the basic and one of the most essential pre requisite for equality to sustain in society. It is important to ensure that all individuals, regardless of their gender are treated fairly and without bias. As Ruth Bader Ginsburg said “ Gender based distinctions are inherently suspected.”[1] The patriarchy in the society has made the situation difficult for women leading to their vulnerability. Men cannot solely be blamed for patriarchy in the society, it is also because of personality of women who accept the dominance of men.

Whenever there is discussion on the vulnerability of women, the offence of Rape is a must part of it. It is one of the most grievous crimes that leads to the physical and mental unrest of the victim. Cases like Nirbhaya proved to be a corner stone in shaping the existing laws of rape in our country. The recent Kolkata case has shown a major system failure. One problem that needs to be highlighted is that in todays times many reports show that the victimisation has widened to include men also as victims of such crimes in its ambit. Susan Brownmiller has said, “The crime of Rape is not love. It is not even lust. It is hatred and the desire to hurt and humiliate another human being.”[2]

This statement is throwing light on the psychology of the perpetrator. Notable thing about this statement is that, the writer did not classify any gender to the victim as well as to the perpetrator. Such thought process is a necessity in the world today. Rape needs to be looked at from a gender neutral perspective. We have reached a phase where the child laws that is the POCSO act is completely gender neutral.

False rape cases in India, though statistically rare, pose a significant challenge to the legal system. These cases often stem from personal disputes, revenge, or misuse of legal provisions, and they can have devastating effects on the accused, including social stigma, emotional distress, and financial hardship. While the legal framework is designed to protect victims of sexual violence, false allegations can undermine the credibility of genuine survivors, delay justice, and strain legal resources.

However, it is important to recognise that the majority of rape cases are legitimate, with many more going unreported due to social stigma or fear. The challenge lies in addressing false accusations without discouraging genuine victims from coming forward. Strengthening investigative processes and ensuring fair trials are critical in navigating this complex issue, ensuring justice for both true victims and those wrongfully accused.

Section 63 of the Bharatiya Naya Sanhita defines Rape. This particular section defines rape and the penetration of a man’s private part or any other part into the female sexual organ that is the vagina. It refrains to show any kind of gender neutrality.

Many reports show that victimisation is not constraint to a particular gender nor is the criminal. In such chaotic society, laws like this can prove to be very haphazartdious. The major problem is the male victims do not have a legal resort if in case certain incidents happen with them. Hence gender neutrality of Rape laws is a very important point of discussion.

We as a society have evolved in a very positive direction when it comes to recognition of the rights of the LGBTQ community. The discrimination faced by this community can be traced back to time immemorial. But with the recognition of rights it is the duty of the legislators to protect their rights as well. Pertaining to the law that exists in India today, there is absence of law protecting the male victims. Same sex violence and sexual abuse is an issue which is yet untouched by the legislators.

This research article focuses on discussing the need for the society to provide recognition to the male survivors of the any kind of sexual violence that took place with them. Also the inconsistency of law by not providing any remedy for the male victims.

[1] United States v. Virginia (1996)

[2] S. Brownmiller, Against our will: Men, women and Rape, 1975, publisher Open Book Media.