Gender Neutral Rape Laws

Abstract

Rape is the fourth most leading crime in India and an important issue throughout the world. Generally, rape is considered as a crime done by men against women only but by the progress of time it has been seen those other genders such as males, transgender community and homosexuals are also equally affected by this crime. Actually, rape can happen to anyone regardless of their sexual, age, gender attitude. Though there are large number of such cases but most of them go unreported as people fear that reporting such cases will uplift a question on their potency. Rape done with persons other than females mostly go unreported thus people have a low knowledge about it but it is present need that people should know about such offences and proper law and order should be maintained to get rid of such a serious crime. First of all, we have to accept the fact that the victim and perpetrator of a rape can be of any gender and it can take place anywhere such as office, school, coaching, workplaces, prisons etc. Only after changing mindset that sexual offences can be done only against women, one can understand this issue and its seriousness. I. INTRODUCTION Gender neutrality is a concept that suggests the eradication of distinction between different sexes in the drafting and execution of laws. Its objective is to make every citizen entitle to equal rights, means equal protection of the law except distinguishing on sex. Rape is one of the disclosures of gender-based violence that is used in the patriarchal society. Women and girls are mostly represented as "victims", while men are always represented as perpetrator. This is hardly seen that a man is also affected by rape in India. Gender neutrality in Indian rape laws was first time discussed in Sudesh Jhaku v. K.C. Jhaku2 in this case the court said that sexually assaulted men should be given the same safeguard of the law as given to female victims. 1 Author is a student at The ICFAI University, Jaipur, India. 2 1998 Cr.L.J 2428 2021. International Journal of Integrated Law Review