The Bharatiya Nyaya Sanhita (BNS) is the official criminal code of India, which came into effect on 1st July of 2024, replacing the Indian Penal Code of 1860 (IPC).
Though the BNS introduced 20 new offences and removed 19 rules that were part of the old IPC, the most concerning point is Section 63 of the Bharatiya Nyaya Sanhita, which defines rape as only a crime committed by a man against a woman.
This rule seems biased and incomplete. This clearly says that the law does not accept it as rape when the victim is a man or a transgender person. So apart from women, the people who experience non-consensual acts are not covered under the legal definition of rape.
Though Section 377 of the Indian Penal Code (IPC) was not perfect & complete, it still gave some legal protection to the male victims of sexual assault. The BNS neither introduced any new provision nor gave any updated similar law for men. Therefore, as a result, from 1st July of 2024, there is no exact and detailed criminal law in India that accepts the rape of men or any transgender person. This directly implies that neither men can complain for their safety nor the police can register any FIR for rape in such cases.
The Parliamentary Standing Committee on Home Affairs said that all non-consensual sexual acts should be made criminal, regardless of gender, through a provision similar to that of the previous Section 377 of the IPC; still, this advice was not accepted nor included in the BNS.
Bharatiya Nyaya Sanhita replaced the gender specific terms for the offenders, such as changing “man” to “whoever” or “any person” in many offences mainly committed against women, but it did not make the same changes for victims. The BNS still emphasises the victims as “she” or “her”, which is simply changing the language & keeping the actual meaning the same! The rule completely removed the provision of legal protection for men and transgender victims.
This simply creates a question whether the law provides equal protection to each individual, even if it may go against the constitutional rights of equality & impartiality under Article 14, protection from discrimination under Article 15, and also the right to life & personal liberty under Article 21. The question of justice for everyone is still there.
It shows that the situation can be worse and without any way to relieve it.
Men are always the sufferers; perhaps making any rule for the safety of men itself is shameful to society, but for whom? Are men the enemy of a man? Or is it actually because of women, who are responsible for not executing any safety rules for men?
On the other hand, the people who torture or physically abuse a man or a transgender got the privilege to do so more, because they very well know nobody will say anything to them, nobody can punish them, and even if someone tries to do so, the offenders very well know that they can easily complain against them; this is the extra privilege the offenders have.
Similarly, false complaints against a man can have serious consequences, including their mental well-being. The torture they face is much more severe as time passes, sometimes even years of waiting for justice. A man goes through mental pain and workplace tension; also, they experience manipulation, emotional pressure, and even blackmail, and nobody stays beside them. This can result in long-term psychological distress, which in turn results in disturbed daily functioning, affecting both personal relationships and professional performance. Nobody trusts them, and once all of these happen, the burden continues.
Society has an old belief about gender roles: people think men are and should always be strong & do not show vulnerability, and nothing sexual assault can happen to them; even if it truly happens, they disagree! Because they have limited understanding of a human’s pain or real situation. This blind thinking pattern has made it worse for them. The society rejects a man’s or a transgender person’s pain, Due to this, the male victims of sexual violence feel ashamed, the fear of not being trusted, or the worry of being judged does not let them take proper action for their own safety, and the fact is all the responsibilities are upon a man, they will take responsibility and do everything for everyone and yet now they don’t have any rights to save themselves!
For a man, the fear of complaining against a woman, or any other person, even before taking such actions, the thought of doing so is still not permitted in today’s society. Because they have no privilege for a complaint, nobody to support them, therefore no proper resolution is there. It truly needs legal recognition and social support.
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