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Samaira Singha

Men Too Get Raped: Addressing Male Rape under Indian Law and a Comparative Analysis with Foreign Jurisdictions

Name of Author - Samaira Singha

Education - 2nd Year Law Student at Indore Institute of Law 

Abstract:

 

Rape is commonly perceived as a crime that primarily targets women. This misconception is ingrained in India’s legal framework, where the statutory definition of rape, under Section 375 of the Indian Penal Code (IPC), exclusively recognizes women as victims and men as perpetrators. This article critically analyzes the Indian legal framework’s failure to recognize male victims of rape, exploring alternative legal remedies such as Section 377 IPC, which inadequately addresses sexual violence against men. A review of significant case laws and judicial interpretations further highlights the legal lacunae in addressing male rape. The article also compares Indian law with more inclusive foreign jurisdictions like the United Kingdom, the United States, and Australia, which have adopted gender-neutral rape laws. It concludes by advocating for urgent legal reforms in India to provide equal protection to all victims of sexual violence, irrespective of gender.

 

Introduction:

 

In India, rape is seen primarily as a crime against women, with the legal framework largely ignoring the existence of male victims. The Indian Penal Code (IPC), which governs the criminal law on rape, is fundamentally gender specific. Section 375 IPC defines rape as an offense committed by men against women, thus excluding men as potential victims. This article examines how Indian law fails to recognize and protect male victims of sexual assault and compares it with foreign jurisdictions that have adopted gender-neutral definitions of rape.

 

Male rape, though rarely discussed, is a significant issue that has serious social, psychological, and legal implications. It is essential to understand the pressing need for reform in Indian law, particularly in light of the evolving legal frameworks in countries like the United Kingdom and the United States, where rape laws are gender neutral. This article seeks to provide a comprehensive analysis of male rape under Indian law, reviewing significant case laws and their judicial interpretation, while offering a comparative study of foreign legal frameworks.

 

 

 

 

 

The Indian Legal Framework on Rape

 

1. Section 375 IPC: The Gendered Definition of Rape

 

Section 375 of the IPC defines rape as the non-consensual penetration of a woman’s body by a man. The section clearly states that rape is an offense committed by a man against a woman, which inherently excludes male victims from seeking justice under this provision. The provision’s language reinforces the traditional gender roles in sexual violence, where men are considered perpetrators, and women are presumed to be the only victims.

 

2. Section 377 IPC: Addressing Male Rape Through ‘Unnatural Offences’

 

Section 377 IPC criminalizes “unnatural offenses,” defined as voluntary or involuntary carnal intercourse “against the order of nature,” and was historically used to prosecute consensual homosexual acts. After the landmark judgment in Navtej Singh Johar v. Union of India (2018), consensual homosexual acts between adults were decriminalized. However, Section 377 continues to be applicable for non-consensual same-sex acts.

 

While Section 377 addresses sexual offenses against men, it fails to define rape and lacks the same procedural safeguards and legal recognition that Section 375 IPC affords to female rape victims. Consequently, male rape victims do not receive the same level of legal protection, leading to a gap in addressing the seriousness of sexual violence against men.

 

3. The POCSO Act, 2012: Gender-Neutral Protection for Minors

 

The Protection of Children from Sexual Offences (POCSO) Act, 2012 is India’s only gender-neutral sexual assault law. It protects minors (below 18 years) from sexual violence, irrespective of their gender. While this law covers male children, it does not extend to adult men, leaving them vulnerable under Indian law.

 

Relevant Indian Case Laws

 

Several Indian judgments and case laws indirectly touch upon male sexual violence, though none have specifically addressed male rape. However, these cases are important in illustrating the judiciary’s interpretation of sexual offenses and the gaps in the legal framework for addressing male rape.

 

1. Sakshi v. Union of India (2004)

 

In Sakshi v. Union of India, the petitioner sought to broaden the legal definition of rape to include acts other than penile-vaginal penetration. The Supreme Court of India rejected this plea, upholding the narrow definition of rape under Section 375 IPC. Although the case addressed broader issues of sexual violence, it did not extend legal protection to male victims.

 

2. Navtej Singh Johar v. Union of India (2018)

 

This landmark case decriminalized consensual homosexual relationships under Section 377 IPC. The court ruled that Section 377 could still be applied to non-consensual same-sex acts. However, the ruling did not equate male rape with the crime of rape under Section 375 IPC, maintaining the exclusion of men from the legal definition of rape. The case is significant because it highlights the continued application of Section 377 to address male sexual violence, albeit inadequately.

 

3. State of Punjab v. Gurmit Singh (1996)

 

Though this case pertains to female rape victims, it is relevant to the discourse on male rape because it underscores the judiciary’s understanding of the crime of rape. The Supreme Court held that rape is not merely a violation of a woman’s body but an offense that affects her dignity and honor. This reasoning could be extended to argue that male victims too suffer violations of dignity and personal autonomy and should be recognized as such under Indian law.

 

Challenges and Gaps in the Indian Legal Framework

 

1. Lack of Gender-Neutral Laws

 

The most significant challenge is the absence of gender-neutral rape laws in India. Section 375 IPC is restricted to female victims, and Section 377 IPC, which applies to male victims, criminalizes acts based on whether they are “against the order of nature.” The failure to directly recognize male rape as a crime perpetuates the marginalization of male victims, leaving them without proper legal recourse.

 

2. Stigma and Underreporting

 

Social stigma is a major barrier for male rape victims. Traditional notions of masculinity often deter male victims from coming forward, fearing ridicule, shame, or disbelief. This societal prejudice is compounded by the lack of legal recognition, making it difficult for male survivors to seek justice.

 

3. Inadequate Legal Recourse Under Section 377

 

While Section 377 IPC can be used to prosecute cases of male rape, it does not carry the same weight or procedural safeguards as Section 375 IPC. Additionally, Section 377 is often perceived as archaic, with its focus on acts “against the order of nature,” rather than on the violation of bodily autonomy and consent, which should be the cornerstone of any legal framework addressing sexual violence.

 

Comparative Analysis with Foreign Jurisdictions

 

1. United Kingdom

 

The Sexual Offences Act, 2003 in the UK adopts a gender-neutral definition of rape, where non-consensual penetration, whether vaginal, anal, or oral, is considered rape, regardless of the gender of the victim or perpetrator. This inclusivity ensures that male victims are equally protected under the law.

 

 •   R v. C [2009] UKHL 42: In this case, the UK courts reiterated the importance of gender-neutral legislation, emphasizing that rape is a crime of violence and coercion, not of gender. The case set a strong precedent for protecting male rape victims.

 

2. United States

 

The Federal Sexual Abuse Statute (18 U.S.C. § 2241) in the U.S. criminalizes non-consensual sexual acts, irrespective of the gender of the victim or the nature of the act. The statute provides a comprehensive framework for addressing sexual violence, including male rape.

 

 •   Prison Rape Elimination Act (PREA), 2003: This Act specifically addresses sexual violence in U.S. correctional facilities, where male inmates are disproportionately affected by sexual assault. The Act underscores the need for legal mechanisms to address male rape in institutions.

 

3. Australia

 

Australia’s Criminal Code Act 1995 adopts a gender-neutral definition of rape, recognizing both men and women as potential victims of sexual violence. The legislation acknowledges that any non-consensual penetration, regardless of the victim’s gender, constitutes rape.

 

Conclusion: The Urgent Need for Legal Reform

 

The Indian legal system’s gendered approach to rape fails to address the reality of male sexual violence. While Section 377 IPC provides some recourse for male victims, it is inadequate in its scope and fails to recognize male rape as a distinct crime. Foreign jurisdictions like the United Kingdom, the United States, and Australia have adopted gender-neutral rape laws that protect all individuals, irrespective of gender.

 

India must follow suit and reform its legal framework to include gender-neutral definitions of rape. This is not just a legal necessity but also a moral obligation to ensure that all victims of sexual violence, including men, receive equal protection and access to justice. The stigma surrounding male rape can only be dismantled if the law itself acknowledges the gravity of the crime and provides a robust legal mechanism to address it.

 

References

 

1.       Indian Penal Code, 1860, Section 375

2.       Indian Penal Code, 1860, Section 377

3.       Protection of Children from Sexual Offences (POCSO) Act, 2012

4.       Sakshi v. Union of India, AIR 2004 SC 3566

5.       Navtej Singh Johar v. Union of India, AIR 2018 SC 4321

6.       State of Punjab v. Gurmit Singh (1996) 2 SCC 384

7.       Sexual Offences Act, 2003 (United Kingdom)

8.       R v. C [2009] UKHL 42 (United Kingdom)

9.       Federal Sexual Abuse Statute (18 U.S.C. § 2241) (United States)

10.   Prison Rape Elimination Act (PREA), 2003 (United States)

11.   Criminal Code Act, 1995 (Australia)

12.   R v. A [2001] UKHL 25 (United Kingdom)

13.   Doe v. Snyder, 2021 U.S. Dist. LEXIS 54620 (U.S. Case on male sexual assault)

14.   X v. The State of West Bengal, 2022 (India) – Case addressing male sexual violence

15.   People v. Liberta, 474 N.E.2d 567 (N.Y. 1984) (United States) – Landmark case establishing gender-neutral rape laws in New York

 

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