В Индии отсутствует правовая защита для мужчин, ставших жертвами насильственных сексуальных действий

Rape is defined as a forced sex with a woman without her consent under by a man under section 375 of Indian Penal Code. Forcefully doesn’t only mean that it should be physical, it can be mental also. This law was codified in the year 1860, when it was a belief among the society that a man cannot be raped. Moreover, it was also a belief not only in India but also in England that only a man can commit this offence against the women. But, what if a person forces a man to have sexual intercourse without his will, what should the definition of this offence. It cannot said to be rape, because if we are including male category under the category of victims under the definition of Rape, then we are changing the law itself and it is the job of parliament, not ours. Forced Sex with a Man Lord Macaulay didn’t miss the chance to include section 377 which prohibits unnatural offence and under that category, if a man have sexual intercourse with another man would be charged under this section but again Lord Macaulay missed to define as to what would be the offence if a man who becomes a victim of forced sex by another man. The recent decision of Delhi High Court legalizes Gay sex but even though it is not clear as to what punishment would a person would get if he forcefully indulges in a sexual activity with a man. You might be wandering as to how can a male be raped, but statistics shows that in the year 1997, 342 men were raped in UK. Now, it would not be possible to ignore that a male cannot be raped. If it is possible to legalize homosexuality, then it must be possible to have a provision against Male rape ( Don’t go on the terms ‘Male Rape, it has been used for the convenience ). This crime was recognized in UK only in the year 1994. Before that it would not have been possible to recognize this crime. Problems of Male Rape Victims It has been came to light from the study conducted on the ” Crime Against Man ” that it is very hard for a man who has been a victim of sexual violence with dignity in the society. On one hand, our society provides sympathy to female victims of this crime, but on the other hand no such sympathy is available to male victims. It has been found that there are quite a large of man who tried to kill themselves after these incidents. Moreover, a man who has been sexually molested since his childhood is not able to develop confidence in himself and again it becomes very hard for him to live in the society with dignity. We talk about right to equality but is this law actually been applied among all persons. It would not be wrong to say that our law favours women as it has been framed keeping in mind the patriarchal notion of the society, where crime are committed against women. It has also been shown in a study that victim of male sexual violence are not able to maintain their further relationship with anyone. They try to keep themselves isolated from the fear of getting humiliated. These victims sometimes suffer from a mental disorder throughout their life. It is justifiable to leave these persons who have become a victim of sexual violence alone, because law doesn’t favour them. Don’t they have any right to live with dignity as other persons do. The law should include a provision which provides relief to such man who have become victim of sexual violence so that it would be easier for them not only to get justice but also to use the medical facilities. Sexual Violence against Male and India As stated above, there is no provision under Indian law which could provide relief to man who has become a victim of sexual violence. The Indian Penal Code was drafted when the general view of the society was of patriarchy but as the time has passed, the notion of patriarchy has been challenged from time to time. The concept of patriarchy believes in the heterosexual relationships but this notion has been challenged by Naz Foundation before Delhi High Court and indeed they have become successful in this attempt. Then, why it is not possible to have a provision in India which would provide relief to the victims of male sexual violence. Well, it is not possible for a common man to do that, it should be considered by our law makers. Our Indian Constitution provided Right to Equality, Right to Life and Personal Liberty which includes Right to Live with dignity, then why it is not possible for a victim of male sexual violence to live with dignity in the society. It would not be correct to say that, males do not become victims of sexual violence in Indian. Indeed, they become and frequently but these incidents do not get reported as other news which keeps these incidents buried. Moreover, these victims hide these incidents from the fear of getting humiliated in the society. They have certain questions in mind ” What would society think? that a man has been raped ”, and they are not wrong in this regard. Until and unless a step similar to that which has been taken by Naz Foundation takes place, it would not be possible for victims of male sexual violence to get justice. Blog Link - http://www.cogitasocietatis.blogspot.com/ Facebook Page - http://www.facebook.com/pages/Cogita-Societatis-The-Social-Blog/195915737086694