ABSTRACT

For the sake of justice, our legal system constantly evolving, but certain loopholes remains, concealed behind a societal facade. This article sheds light on these overlooked issues, delving into the complexities left unaddressed during this evolution process. Specifically, it explores how sexual abuse against males raises questions about their masculinity, which makes this issue even more disturbing than it seems to be.

With the help of relevant observations based on the behavior of society towards the issue at hand, we will analyze the origins of this problem, scrutinize legislative or judicial interventions if any, and assess available legal remedies. Furthermore, this article gives a microscopic view about the societal challenges faced by men, examining how they are treated in the society and the reasons behind their lack of faith in the Indian justice system, and why they often feel defeated in their pursuit of justice.

This issue is not exhaustive only to men but a wider category of victims is still in shadow, and society often made them feel like they are not worth the attention over such issues and make them feel oppressed from this society. Hence they are lacking courage to come out and raise a voice for themselves.

This article underscores the imperative need for gender-neutral rape laws to effectively tackle with this issue, paving the way toward a more just, equitable and inclusive society. Inter Alia; we understand how as per the constitution of India our legislative structure is duty-bound to take affirmative actions. Additionally, it delves into the psychological impact on males as well as the unaddressed community, and considering the challenges they encounter while seeking assistance for sexual abuse. By addressing these aspects, this article aims to contribute to a comprehensive understanding of this issue and advocate for meaningful reforms within the legal framework.

INTRODUCTION

Before we dive on this journey let's first understand the definition of rape- It is an act of forced sexual intercourse against a "women" without her consent. Seems straightforward right? Yet, in this simplicity lies a nuance that deserves a second look. As a conscious citizen, the word “women” in this context might strikes you as ordinary, but pauses for a while and analyze.

No, this article isn't about casting a shadow on women, not at all; it is just for confronting a bitter truth of this society in front of you all with the help of this impartial article. Now make yourself prepared for an impartial exploration in this article, and I urge you all to read this article with an unbiased lens, only then you all will be able to understand the gravity of the issue which is addressed here.

Every time when we heard the term "sexual assault", our collective focus instinctively goes upon "women", we always think that only "women" can be the victim of "sexual assault", but what about men? Do they not experience rape or sexual assault? Prepare yourself to unravel all the answers in this article.

ERADICATING THE BLOTS ON SOCIETY’S CANVAS FOR A BRIGHTER TOMORROW

Rape and Sexual Assault are seen as blots on the canvas of society. And for a better environment, society needs to be free from those stains. There is no doubt that the Legislature, Executive, and Judiciary are continuously working against such heinous acts, In fact our legislative bodies have enacted numerous measures to combat these heinous crimes, the executive remains vigilant, and constantly implementing stricter actions against such offenders. Additionally, our judiciary plays a vital role, by issuing guidelines, delivering judgments, and administering appropriate punishments for such heinous offences, all aimed at fostering a safer and secure environment for all.

Sexual offences are stigma in the society it creates a huge impact over the victims. Impact over their mental as well as physical health, disrupt their societal image, affect their career, finance etc. Such crimes traumatize all victims so badly that they are not even able to seek help; even some of them which in consequence are pushed over the edge which in turn leads to them taking their own lives. All those victims who raise their voice against such crimes have a glimmer of hope in their eyes that they will get timely justice.

But don’t you think, all of this is not enough? I mean yes we have laws to protect victims, punishes offenders, but has it had any major impact on the society? As per my research and statistics given on internet [1], we are not succeeding in defeating the problem of rape till now.

TOXIC MASCULINITY: REMOVING HARMFUL STEREOTYPE AND EXPECTATIONS

In the vast canvas of society, being a man is painted with a palette of responsibilities, expectations, and burdens, but it is always hidden behind the picture of masculinity, now the catch is- What we often perceive as masculinity is actually toxic masculinity. Society has a picture of a world where men are always expected to be eternally tough, emotionless, and born providers. And asking for help by men is considered as taboo in the society, because asking for help makes them weak, but actually, there is "the chink in the armor of perceived strength”. Don't you think this is inappropriate for all men living in the society? Absolutely, being a man in today's society comes with its own set of challenges that often go unnoticed or unacknowledged. The stereotypical image of masculinity portrayed by the society can be incredibly damaging and also leaving very little room for individual emotions.

Now, Imagine a world where being a man is not confined to narrow stereotypical boundaries but celebrated for its richness, actions, and diversity. Picture a society where men are encouraged to have their unique personalities, lifestyle, and way of thinking without any fear of judgment or rejections. However, unfortunately the reality is so indigestible that many men feel pressurized to accept those outdated ideas of masculinity, and it also prevents them from discovering their true self.

By challenging, accepting, and understanding these stereotypes and by making real difference between masculinity and toxic masculinity, we can create more inclusive and supportive environment for men to thrive. Together we can set them free from those limited social norms.

BREAKING THE MOLD: RESHAPING PERSPECTIVE

If you’re still unsure what this article is headed, let’s dive right in. Through this article we illuminate the issue of sexual harassment-but with a twist. Instead of focusing solely on women, we explore the often overlooked context of men as victim.

Shocked, right? If so, congratulations, you’re still in the dark about one of the society’s most taboo topic- Male Rape. It is a subject nobody wants to confront, yet it is a glaring issue that demands our attention. I don’t know why it is needed to spread awareness by writing an article about such heinous act, but it is mandatory because this issue left behind. In our advancing society, where remedies exist for almost every offence, why does male rape remain overlooked? Oh, yes, I forgot because of toxic masculinity.

Due of this toxic portrayal of masculinity, this issue remains largely unaddressed. However it is crucial to tackle it. It’s time to recognize that men, too are vulnerable to sexual violence, and their experience must be acknowledged and addressed. Only then will we be able to truly build a society where all individuals are respected, supported, and free from this issue.

EQUALITY IN VICTIMHOOD: WHY NOT MALES?

If you’ve ever delved into section 375 of the Indian Penal Code, 1860, you might have discovered two interesting thing:

Firstly, use of word “Women” while defining the victim of rape. As per the definition given under the Indian Penal Code, 1860, rape is recognized as an offence exclusively committed against “Women”.

Secondly, rape is legally defined as an act committed solely by “men”.

According to the Indian laws, not only rape but most bodily offences, such as sexual assault, harassment, stalking, voyeurism, are specified to be offenses that can only be committed against “Women”. But have you ever wondered- why are men not recognized as victims of sexual assault? And why are such laws so discriminatory in nature? I mean, yes, we are all aware that women suffer immensely from such heinous crimes, it is equally important to recognize that men can also be victims of sexual assault. Solely concentrating on women as the victims under these laws might appear biased.

India has the Protection of women from Domestic Violence Act, 2005, POSH Act, 2013, Indian Penal Code, 1860, Criminal Law (Amendment) Act, 2013 and much more just for the protection of women from sexual assault [2], and not even a single law which talk about protection of men from sexual assault, isn’t this unfair?

Actually no one has the answer to these questions. Or maybe this conservative society doesn’t really want to look into it, which is the main reason why this issue is still unaddressed.

PRE-ASSUMED GUILT: SOCIETY ACCEPT FAULT BEFORE FACT

Before making any objection to the above mentioned title, first try to understand what I am actually saying. Rape is defined in section 375 of the Indian Penal Code, 1860 as non-consensual penetration on any female organ including(vagina, anus, mouth, urethra) by a man, Interesting, isn’t it? Society, law, social media, hash-tags everyone just say man are rapist because this is what definition says itself, everyone just proved that only men can commit rape and no one else. Can’t believe? Okay would like to focus the light on some of the sections-

• Section 354 Aof the Indian Penal Code: - Phrase used under sub-section 1 of this section that “A man committing ….” [3]
• Section 354 Bof the Indian Penal Code: - Phrase “A man who assaults or use criminal force….” Used in the beginning of this section. [4]
• Section 354 Cof the Indian Penal Code: - Phrase “A man who watches….” Used in the first line of this section.[5]
• Section 354 Dof the Indian Penal Code: - Phrase “Any man who….” Use in the starting of this section.[6]
• Section 375of the Indian Penal Code: - Phrase “A man is said to….” Used in very beginning of this section. [7]

It is not over yet; even you ask yourself what picture of the victim comes to your mind whenever you hear the word “rape”? I’m pretty sure it is always a picture of woman instead of men. And when it comes to the perpetrators of rape, we always have the image of men in our mind.

On what basis have we already declared men as the offenders or rape and how are we so sure that men can never be raped? To clarify it I would say that yes women of our county are not safe, and they are being assaulted, but by this, making a false perception that only women get assaulted is not correct. You know why we never look into this topic because only rape of women is recorded, male rapes are barely come into the news because of lack of reporting but it doesn’t mean they are not assaulted. In fact as per the research, I found that men can also be the victim of rape, it says that “about 14% of reported rapes involve men or boys, and that 1 in 6 reported sexual assault is against a boy and 1 in 25 reported sexual assault is against a man.”  [8] Male victims of sexual assault often undergo similar emotional effects as female victims, including feeling of shame, fear, and disruption of their self-image.

UNTOLD STORIES: THE SILENT SUFFERING

Let’s bring clarity through facts that men can be the victims of rape too:

1. 17th October, 2023 two Bangladeshi men belong to LGBTQ community was allegedly gang-raped by group of three individuals in Delhi’s Shakarpur area. [9]
2. 31 year drunk man raped by 25 year old auto rickshaw driver in Ghatkopar, Mumbai after an argument over fare.

“After an hour, the passenger finally got down from the rickshaw. When the driver asked him to pay ₹ 250 in fare, the passenger handed him over a ₹ 100 note, following which an argument ensued. In a fit of rage, the driver forcefully took the man with him to an isolated place in a garden and forcefully performed unnatural sex with him,” [10]

1. Jalandhar man was kidnapped and gang-raped by four girls. [11]
2. In 2019, a 20 year old man was raped by four men in Rajasthan. [12]

These are some of the examples of reported cases but what about unreported ones. Shockingly, more than 90% of male rapes go unreported, concealed by layers of social stigma, personal shame and mainly because of legal inadequacies, Yes the Indian legal system keeps evolving but it neglects the issue of male rapes. All the unaddressed victims suffer silently particularly due to lack of legal assistance, Somehow society is also responsible for not taking any step against it. To address this pervasive issue, it is imperative for both the legal system and society at large to acknowledge the existence of male rape, dismantle entrenched stereotype, and foster an environment of empathy and support for all survivors. By amplifying the voices of male victims, implementing comprehensive legal protection, and challenging societal norms that perpetuate silence, we can begin to dismantle the barriers that prevent survivors from coming forward and pave the way for a more just and inclusive society.

Victims of rape and sexual assault often suffer more due to combination of societal norms, stereotype, and systemic factors. Here are some of the reasons why male victims suffer more:

1. Shame: Rape or sexual assault is such heinous acts which can lead the feeling of shame, embarrassment and emasculation. Men may fear being seen as weak or less masculine if they admit to being sexually assaulted.
2. Lack of support: Male victims may struggle to find support due to lack of awareness, resources and lack of legal aid. Support services are often geared towards female victims, leaving male survivors feeling isolated and helpless.
3. Lack of legal trust: Male victims hesitate to report their assault due to lack of trust in the Indian legal system. They have fear of not being believed, or even being blamed for the assault.
4. Lack of legal protection: Indian legal system lack adequate protection for male victims of sexual assault, it avoids creating focus on them.

THE UNBALANCED LAW: LEGAL LANDSCAPE AND MEN’S RIGHTS

Law is the fundamental concept of society; it represents the societal norms and determines what is good for the society. Law is mandatory to govern the behavior of people, maintain balance, peace and prosperity in the society, and create just and equitable environment, free from any imbalance.

Law sets out the rights of the people in the society, and judiciary act as a guardian for the protection of such rights, but stop and think for a moment: Does everyone really get the rights, remedy or protection under the law? If your answer to this question is “yes”, consider this: Do men also have rights, remedies or are they protected by law if they are sexually assaulted? Men lack any adequate remedy under existing laws, exemplified by the principle of 'damnum sine injuria' (damage without legal injury). This maxim is particularly apt here, as men often endure physical and mental harm due to sexual assault. However, under current legislation, there is no recognition of injury to the legal rights of men, as they do not possess specific legal protections against sexual offenses. Hence if they do not poses any legal right how they can get any remedy under the law.

Prior to September 6, 2018, Section 377 of the Indian Penal Code, 1860, addressed “Unnatural Offenses” as “whoever voluntarily has carnal intercourse against the order of the nature with any man, woman or animal” [13], which was often used to lodge FIR for sexual assaults against men. However Supreme Court in its landmark judgment “Navtej Singh Johar VS Union of India” [14] declare this section unconstitutional as it violates fundamental rights guaranteed by Indian Constitution, including equality, privacy and live with dignity, even prior to the striking down of this section men didn’t held any legal protection against involuntarily sexual assault and after this they even lost power to report such severe act.

SCREAMS OF HELP: URGENT NEED OF GENDER NEUTRAL RAPE LAWS

Although the intention of the legislature is very clear that they are in the favor of providing protection and care to the females as it was the crucial need of the hour, but these privileges have been exploited by the section of population which is corrupted by the idea of pseudo-feminism (“Principles of pseudo-feminism support the advancement of females ahead of other genders, and the active targeting of males to right the wrongs of the past”) [15]. Have you ever paid attention on definition of rape given under section 375 of the Indian Penal Code? If you do, then you may find one interesting and most biased thing and that is “female organs” only. Yes it seems to be a biased approach because men got raped too, and because of this approach bigger section of the society often goes unaddressed. Legislature need to give its closest attention over this critical issue as it is the crucial need of this day and age, and they need to observe that why only female got raped and not men? Why only penetrating of a penis into female organs without her permission is treated as rape, not involuntarily indulging a male into sexual activity? Perhaps due to the prevailing societal stereotype that all men are viewed as potential sexual predators, they are often prematurely labeled as rapists without a fair hearing or consideration of their perspective.

I know these are some of the most disturbed and disrespectful questions I have asked you all, but somehow someone needs to raise their voice otherwise this issue may never be resolved. It is not just about men, but as we know about the third gender category, even they are not protected, and their condition is as vulnerable as other sexually assaulted victims. This problem is actually

bigger then it seems to be and need an urgent and undivided attention of all the pillars of the democracy “that how those people who do not fall under the category of woman get protection from such vulgar crimes.”

Justice Indu Malhotra in a case while reading the judgment gives her opinion that “any legislation which treat similarly situated persons [16] unequally or discriminates between persons on the basis of sex alone is liable to be struck down as being violation of Article 14 (equality) and article 15 (prohibition of discrimination) of the constitution which forms the pillar against vice of arbitrariness and discrimination.” [17]

Above stated opinion clearly express the role of gender neutrality, and legislature need to prioritize this thing while making the laws.

CONCLUSION

I am completely aware about ongoing assault on female and severity of such crimes and not denying the suffering caused to them, but the main intention behind this article is to provide justice to the larger unaddressed part of this society. This article is not for suppressing any part of this society but to seek justice and protection for those who feel defeated because of lack of gender-neutrality in laws. This issue demands urgent attention to safeguard those silent victims who endure such crimes but due to lack of adequate remedy and due to toxic societal norms, feel suppressed and defeated. We need to ask this question to our self that, why all the rape laws are for female and not for male?

It is urgent need of society to normalize talking about this issue so that such victims do not feel uncomfortable while seeking for help, because they also got sexually assaulted, they also got raped, they also have feelings, they also have societal image, they too feel shy, depressed, and they also need protection same like others.

By challenging this issue we can create a safer and more compassionate world for all individuals only if we avoid focusing on gender.

Stop seeing all the men as rapist without actually knowing the whole picture. Let’s raise our voice towards a change and work towards a future where justice knows no gender.

Refrence

1. Statista, https://www.statista.com
2. National commission for women, ncw.nic.in
3. Indian Penal Code, 1860, No. 354 A, Act of parliament, 1860 (India)
4. Indian Penal Code, 1860, No. 354 B, Act of parliament, 1860 (India)
5. Indian Penal Code, 1860, No. 354 C, Act of parliament, 1860 (India)
6. Indian Penal Code, 1860, No. 354 D, Act of parliament, 1860 (India)
7. Indian Penal Code, 1860, No. 375, Act of parliament, 1860 (India)
8. National Alliance to end sexual violence, endsexualviolence.org
9. NDTV, www.ndtv.com
10. NDTV, www.ndtv.com
11. Times Now, www.timesnownews.com
12. Youthkiawaaz, www.youthkiawaaz.com
13. Indian Penal Code, 1860, No. 377, Act of parliament, 1860 (India)
14. IndianKanoon, indiankanoon.org
15. ResearchGate, surl.li
16. A "similarly situated person" refers to someone who is in a comparable position or circumstances to another individual within a specific context or scenario. In legal contexts, this term often arises in discussions of fairness and equality, where the treatment or rights of one individual are compared to those of another who is in a similar position. For instance, in discrimination cases, a similarly situated person might be used as a benchmark to assess whether someone has been treated unfairly or discriminated against based on their race, gender, or other protected characteristic.
17. Raja Darain Khan & Miheeka Kapur, Oppressed to Oppressor 34 (2020)

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