Rethinking Rape: Should The Law Still Confine To The Paradigm?

Abstract

From the available statistics, it has come to light that in about 10% of rape and sexual assault cases that occur, the victims are men. In such cases, the perpetrator could be a man, woman or a transgender. However, this is not recognised by the law as it exists today, even after the Criminal Law (Amendment) Act, 2013. It typecasts men in the role of the offender and women in the role of the victim. The Justice Verma Committee, which was formed pursuant to the brutal gang rape of a 23-year-old student in Delhi, in its recommendations, has suggested that rape and sexual assault laws should be made gender neutral. However, ignoring these recommendations and bowing down to the pressure from activists, the Government passed the Act without these much-needed reforms. In this paper, we attempt to bring to light the immediate necessity for a change in these laws. By analysing the international scenario and the reasons for this phenomenon, we seek to show that the reasons that are usually put forward by feminists and activists do not hold ground anymore. Women can and do rape men and this must be given legal recognition, as it would serve as a precursor to societal recognition. The Indian perspective that this would make women even more vulnerable cannot be accepted as well, as safeguards can be put in place to deter the misuse of such laws. Equality, being a fundamental principle embodied in the Constitution, must be given effect to, in order to ensure justice to all.