A REVIEW ON MALE RAPES : NEED OF GENDER NUTERAL LAWS

IN INDIA

SYNOPSIS

The goal of this dissertation is to talk about whether or not rape and sexual assault laws in
India should be made without regard to gender. When it comes to rape offence, the law in
India and the rest of the world has always focused on women as victims and men as
perpetrators. Rape of a man, on the other hand, has been a touchy subject for a long time, and
the fact that we live in a patriarchal society has made it harder for both society and the
criminal justice system to take it seriously. This is true even though sodomy between men
has been recorded as a war crime since the beginning of time.

With the rise of feminism and the growing power of women, it has also become clear that a
growing number of women have violated the sexual autonomy of men. Also, since
homosexuality is now seen as a natural sexual orientation, more and more people are worried
about making the law on rape gender-neutral. There's no doubt that a lot of women are raped,
but the number of crimes of rape against men is on the rise, according to crime statistics. In a
report from 2003, the Bureau of Justice Statistics, which is part of the US Department of
Justice, said that only 9% of people who are sexually assaulted or raped are men. In 2013, the
Ministry of Justice in the UK said that about 85,000 women and 12,000 men had been raped
the year before. This is partly because of changes in the law in the US and UK, as well as a
growing awareness of male sexual victimization around the world. Even though there are so
many cases, male rape is still not recognized in the biggest democracy in the world.

The goal of the study is to find solutions to the problems of rape, sexual assault, and other
sexual crimes. This is because sexual crimes against men are becoming more known. The
issue will also be about whether changing the law against sex discrimination will help stop
sexual violence. Most of the time, the research method will be a theory, and the relevant
scholarly literature will be talked about in the theory. This will help answer the research
question. At the same time, we will look at the laws and relevant legal cases in India, the UK,
and the USA to figure out what the courts mean. We will start the dissertation by looking at
how the laws on rape are set up in India and the UK right now. The UK and India were
chosen because the UK's legal system has a big impact on Indian courts. Most of India's rape
law was about protecting women. The only exception is the sodomy law in section 377 of the
IPC, which makes it illegal to do things that go against the natural order of entry. In India,
the police often used this section to sexually abuse children because it also told them what to
do. But the provision was thrown out because of steps taken in 2018 to comply with the
Supreme Court. On the other hand, since 1994, when the Criminal Justice and Social
Planning Act went into effect, the law in the UK has changed. We'll look at the reasons for
the change and/or the way things are right now. We will learn more about things like male
rape, male sexual abuse, and the main legal framework that applies to male rape.

If we look at patriarchy, we'll see that India's social and cultural structure, even though it puts
men at the head of the family, doesn't allow male rape to be seen as a crime. Men are
sometimes seen as too strong to be beaten, and a woman's chances of being raped are based
on the idea that she is weak. This point of view makes it hard for a male victim to get legal
help because he might feel embarrassed. For the same reason, we will look at the theory in
relevant textbooks to make a decision.

If we look at patriarchy, we will see that in India, even though men are the head of the
family, male rape is not recognized because of the way society and culture work. Some
people think men are too strong to be beaten, and the likelihood of being raped depends on
the idea that the victim is weak. This way of thinking makes it hard for a male victim to get
legal help because he might feel embarrassed. In order to come to the same conclusion, we
will analyze relevant literary theory.

Next, we'll look at how the way the body reacts to sexual activity can lead to sexual
harassment being noticed. People often think that a thick penis is a sign of consent on the part
of a man. However, this assumption is not as accurate as the assumption of consent on the
part of a woman when her vagina is rubbed during an attack. We will look at specialized
medical literature that says people can control their immune responses, such as how they
react to sexual stimulation through penetration or toy penetration, even if they don't want it to
happen. Then, we'll look at how some civil society groups, like women's rights groups, are
protesting against the fact that the rape law doesn't make any distinctions based on gender.
Radical feminists like Florence Rush, Catherine Mackinnon, and Christine Boyle think that
gender neutrality is a backlash against the feminist movement and that your participation
could lead to a violation of women's rights. This is surprising because well-known women
like Susan Brownmille and Rosemarie Tong have been in favor of recognizing male rape for
a long time.

Once we've talked about the problems caused by the lack of gender-neutral laws, we'll keep
talking about why the law needs to be gender-neutral. First, this will be done by going over
Article 15 of the Indian Constitution, which says that the government can't treat people
differently because of their religion, race, nationality, gender, or where they were born. There
are special deals for women and children, but these were made to remember how life was in
the 1950s. seems to be out of place. Then, we'll try to make a case for why gender-neutral
laws are important so that they don't undermine laws that already protect women. If people
don't know about male rape and harshly enforce existing laws, it could lead to the repeal of
existing laws like Section 489A, which would make it harder to recognize sexual violence in
general. This can be done by making rules about sexual violence that include all kinds of
sexual harassment instead of making people follow traditional laws made for men. There is
also a need to make gender awareness programs for the general public, especially for law
enforcement agencies like lawmakers, police officers, and legislatures. This will take time,
money, and ongoing effort. We would end by talking about whether or not India's current
rape law should be changed to be gender-neutral.

Great speed, and it looks like it's happening in prison cells, especially in our area. A member
of a gang in Delhi who was accused of raping Ram Singh, who was found hanging in his jail,
said that other men in the jail had raped him. In 1981, the People's Union of Civil Liberties
said this about Tihar, according to an article by UG. Pramod Kumar of the website First Post:
"When a young boy came in, it was known that prisoners had this. say the number of the boy.
The price is about 'bidis', soap, or charm. Prisoners are often put into different groups, and
the groups fight over who will be the new person. The Constitution is the biggest reason why
there aren't any laws to protect men from sexual harassment. Article 14 says that "the state
shall not deprive any person on the territory of India of the right to equal treatment before the
law or equal protection of the law." Article 15 says that "the state shall not treat any citizen
differently because of religion, ethnicity, race, sexual orientation, place of birth, or any of
these." Also, Article 3 of Article 15 says that "nothing in this article shall stop the State from
making any provision for the benefit of women and children." So, the state is allowed to
change the definition of rape in Section 375 of the Indian Penal Code to make it more fair to
women. But if we follow this logical rule and change Section 375 of the IPC, we can protect
a man as Article 15 says we should. The state could make rape laws that aren't very sexual,
since sexual harassment isn't sexual or anything else. sex. At the moment, there are only two
laws that say a man can be abused sexually again.