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MALE RAPES SILENT VICTIM AND GENDER OF LISTENER 

Authored By: Abhinav Jaju

Lloyd Law College, Greater Noida

ABSTRACT

This paper provides a comprehensive analysis of the issue of male rape in India, highlighting the lack of legal recognition for male victims of sexual assault. Despite the prevalence of male rape and its severe psychological and emotional impact on victims, societal and legal systems continue to propagate the misconception that men cannot be raped. While numerous laws have been enacted to protect women from sexual violence and exploitation, there remains a significant gap in legal protection for men. The authors discuss the importance of safeguarding the dignity and rights of men against rape and sexual assault, and propose measures for ensuring their protection within the legal framework.

INTRODUCTION

The Rape is a general term as the crime committed by men against women. It’s understood to be the sexual abuse of women by males who prey on them, a manifestation of a patriarchal culture that condones assault on women. Despite the fact that men are also victims of sexual assault and rape in a significant number, the perception that cannot occur with men removing these rape survivors from the forefront of scientific inquiry. In Indian society, male rape is considered as a taboo and is usually associated with negative connotations. Male rape is generally viewed from the perspective of manliness and masculinity among heterosexual men. As a result, the majority of victims feared coming forward with their sexual assault they experienced When victims of assault come forward, their main concern is that others would question their sexual orientation, brand them homophobic, or even refer to them as “manly.” Because of this fear, hundreds of male victims were compelled to conceal and deny their abuse, which led to thousands of rapes. Myths about men in society played a significant part in the incidents that remain unreported.

THE STEREOTYPICAL VIEW OF MEN IN SOCIETY[2]

  • Men always want sex

Men are often perceived in society as being constantly seeking sexual connections and highly aroused. The idea that males are constantly ready to participate in sexual activity and are naturally receptive to trying out all facets of sexual interaction is supported by this stereotype. These assumptions reduce men to crude stereotypes of uncontrolled desire by ignoring the variety of personal experiences, preferences, and restrictions. These stereotypes put unnecessary pressure on males to adhere to hyper-masculine standards by supporting the conventional assumption that they should always initiate and enjoy sexual relations. In sexual situations, men who show discomfort, disinterest, or personal limits may be stigmatized, mocked, or accused of being “less masculine.”

As the presumption that males are always consenting participants frequently results in a lack of empathy or support for male victims of sexual assault or harassment, this cultural narrative can also mask cases where men are forced into sexual engagement. Society ignores the complexities of male sexuality and the emotional and psychological elements that shape it by sustaining these clichés. In order to promote a more inclusive view of sexuality, where men are free to express their wants, boundaries, and vulnerabilities without fear of guilt or condemnation, it is imperative that these damaging narratives be acknowledged and challenged.

  • Men are not vulnerable

The idea that males are strong and in control is frequently reinforced by social conventions in male-dominated societies like India and Pakistan. Because of this impression, males are rarely, if ever, seen as weak or exposed to circumstances that call into question their masculinity. As a result, men are rarely recognized as victims of events that might jeopardize their perceived “manliness,” even when such situations do occur.

The widespread perception that sexual assault is a problem that only affects women is one important consequence of this thinking system. This viewpoint is the result of deeply rooted patriarchal ideals that associate strength with masculinity and weakness with femininity. Because of this, male victims of sexual assault frequently encounter particular difficulties, such as stigmatization, a lack of institutional assistance, and public denial. These males could find it difficult to speak up because they are afraid of being laughed at, accused of being weak, or believe that their experiences are not as important as those of women. A culture of silence is maintained by failing to acknowledge males as possible victims, depriving many of the tools and approval they require to recover. In order to solve this problem, it is necessary to question conventional ideas of masculinity and promote a broader definition of vulnerability. The gendered norms that support the notion that males are always safe from harm and that only women may be sexually abused must be dismantled.

  • Traumatization

The idea that males are naturally less susceptible to trauma and abuse because they are thought to have had less adversity is another widespread misconception about them in society. Traditional ideas of masculinity, which present men as tough, stoic, and immune to injury, are the source of this misperception. The silence around male victims of abuse, especially sexual assaults, has been exacerbated by such beliefs. These stereotypical ideas of masculinity have historically prevented men from talking about their experiences with abuse. Because males are expected to “tough it out” in society, many men have repressed their pain out of fear of being mocked, disbelieving, or stigmatized as weak. Male survivors’ stories are further marginalized by this silence, which further reinforces the stereotype that males are immune to abuse. But perceptions in society are slowly changing. There has been tremendous progress in recognizing male vulnerability in many parts of the world, especially nations with strong patriarchal traditions. Legal systems are enacting legislation to protect and assist male victims of sexual assault as they become more aware that males can also be sexually assaulted.

Changing cultural narratives, survivor activism, and public awareness efforts are all contributing to the deconstruction of the stigma associated with male victimization. There are still difficulties in spite of these developments. Due to ingrained prejudices and ignorance, many men still have difficulty accessing resources, assistance, or justice. It is essential to keep promoting empathy, education, and inclusive policies that affirm the experiences of all survivors, regardless of gender, in order to properly address these problems.

RAPE LAWS IN INDIA

In India rape is considered as the act of penile penetration or any foreign object into the vagina without the consent of women or girl, section – 63 of BNS[3] mentions about rape as “sexual intercourse with the women against her will, without her consent, by coercion , misrepresentation or fraud or at the time when she has been intoxicated or duped or is of unsound mental health and in any case, if she is under 18 years of age. Two obvious, although subtle, conclusions are made by the term, according to our analysis:

 (1) A rape perpetrator must be a male.

(2) A woman must always be the victim of rape.

As a result, the definition as a whole views rape of women exclusively, and it has no provision for the masculine rape. It demonstrates that there is no specific law in India for a man who can be raped by a man or woman.

They can be sodomized at most under IPC[4] section 377. All other laws and sections are exclusively intended for females, with the exception of this one. This disparity in the manner that impacts our constitution’s equalitarianism. Even if the POCSO (Protection of minors From Sexual Offenses) exists for sexual abuse of male minors, it does not cover a male adult. For instance, on June 16, 2018, five men sexually attacked a 20-year-old boy in Ghaziabad and put something alien in his rectum. Section 377 of the IPC was used to file the lawsuit because such offenses are not covered by our laws.

In a similar vein, there are a variety of reasons why males in the military experience repeated sexual assault. There are now two statutes that recognize attacks on men during sexual intercourse. First, mistreatment of children, male and female, is addressed by the POSCO (Protection of Children From Sexual Offenses) program, which aims to prevent sexual abuse.

The UGC “Sexual Harassment of Women at Workplace5” is the second one. There is no justification for treating incidents of sexual assault on male children differently than identical incidents. On the other hand, if we took into account the actual situation as represented by the 1500 male respondents in the Insia Dariwala poll[5], 71% of whom reported having experienced abuse, 84% stated they had not disclosed the abuse to anybody, with shame serving as the main excuse. 55%, followed by guilt (28.5%), fear (43%), and perplexity (50.9%) because the definition of rape in India is limited to the insertion of a penis or other object into the vagina, the cases of rape and sexual assault of male has been continuously increasing. However, due to a lack of laws, nothing happened in these cases where males were the victims of sexual assault.

ARTICLE 14 THE RIGHT TO EQUALITY[6]

 The elimination of Section 377 and the restriction of Section 63 in the proposed amendments to India’s rape laws amount to a flagrant disdain for the fundamental right to equality guaranteed by Article 14 of the Indian Constitution. This version is deficient in many ways, making a sizable segment of the public susceptible and sustaining a hazardous misperception regarding rape. Article 14 forbids discrimination based on unreasonableness and ensures equality before the law. The existing definition of rape, which confines it to a man’s act against a woman, establishes a gender-based classification that is arbitrary. In the 1952 case of State of West Bengal v. Anwar Ali Sarkar, the Indian Supreme Court ruled that prior to enacting any legislation or decree that distinguishes between two or more sets of people, the following conditions must be followed :

  • It should be based on an intelligible differentia that makes a distinction between one group of people and another.
  • The differentia must have a reasonable connection with the purpose sought by the law.
  • This classification fails the “intelligible differentia” test. The pain and experience of rape should not be differentiated according to the gender or sex of the offender or victim. No matter who is involved, rape is an abhorrent violation of bodily autonomy and dignity. A “intelligible arbitrariness” is created when men and transgender people are excluded from the category of rape victims, which is against their fundamental right to equality.

INCIDENTS OF MALES AS RAPE VICTIMS

 (a) The Bharatiya Nyaya Sanhita, which has been adopted recently , does not contain Section 377 or any other parts that deal with the rape of men and transgender persons. This is due to reports that the 23-year-old guy in the Uttar Pradesh district of Gorakhpur committed himself just hours after being gang-raped by four men. The Uttar Pradesh Police accused four individuals of raping the 23-year-old at a motel in the Chiluatal locality of Gorakhpur in a first information report (FIR) on June 14. The case made people wonder how circumstances like this one will be handled in the future if the new code does not contain Section 377 or anything like. Under Section 377 of the Indian Penal Code (IPC), which deals with rape of a man, transgender person, or animal, as well as Sections dealing with extortion, theft, criminal intimidation, causing severe hurt, and criminal conspiracy, the U.P. Police booked the four accused.

(b) A case of sodomy occurred in Muzaffarnagar; this is the sole conduct that is shielded from male-on-male rape under Section 377. A ten-year-old child in his Muzaffarnagar district was sexually abused by a young person. The accused allegedly took the child to an isolated place and molested him sexually after that. The child told his parents about his experience when he got home. The offender is running away while the small victim is being treated in the hospital. The child who was sexually assaulted has not been brought to justice by the authorities, and the attacker is still at large.

GENDER NEUTRALITY OF RAPE LAWS

Necessity for Gender Neutral Rape Laws in India[7]

In February 2021, a 28-year-old French lady filed a lawsuit stating that an LGBTQIA+ activist kidnapped and sexually assaulted her. The activist was charged with violating Sections 342 (wrongful detention) and 354 (outraging modesty) of the Indian Penal Code. Despite the victim’s accusation of rape, the accused, a woman, could not be charged with it. In India, sexual violence perpetrated by women is infrequent; such crimes are mainly committed by men. However, failing to address cases involving female perpetrators risks continuing unfairness against victims.

Section 375 of the IPC defines rape as an act committed by a male, making it impossible for a man or non-binary human to be legally recognized as a victim of rape under this provision. This limitation highlights the critical need for gender-neutral rape laws in India. The effort to pass gender-neutral rape laws has taken a variety of approaches. Men’s rights organizations have been vocal supporters, frequently focusing on amending legislation considered to benefit women at the expense of male and transgender victims. The abolition of the marital rape exception is central to their argument, since they argue that it undermines the principle of marital integrity and denies victims justice within marriages.

Advancing gender-neutral rape legislation in India is more than just an issue of legal reform; it is a critical step toward promoting human rights and equality. By extending legal definitions and eliminating outmoded restrictions, India may create a more equitable and inclusive society in which all victims of sexual abuse receive the protection and assistance they need. The Supreme Court’s 2018 decision[4] to declare Section 377 unconstitutional, decriminalizing consenting same-sex acts, is viewed as a positive step toward amending gender laws to meet society’s evolving requirements. Several legal experts and commissions have issued specific recommendations to develop gender-neutral rape laws in India. The Law Commission of India’s 172nd report highlighted equality before the law and equal protection of rights for all citizens. It suggested replacing the term “rape” with “sexual assault” and using “person” rather than “woman” to achieve inclusivity. Even though these suggestions were given in 2000, nothing has changed over the last two decades.

Gender neutrality should be included in the nation’s rape laws, according to a March 2000 proposal by the 174th Law Commission of India, to include male victims as well. Its basic presumptions are that rape will cease to be considered a sexual offense and that its stigma will vanish. Nevertheless, the recommendations were not carried upon by the government. Advocate Sanjiv Kumar challenged the legality of the IPC’s rape laws later in 2017 by filing a PIL before the Delhi High Court. He said in this petition:

“Gender neutrality is the simple reorganization of reality men sometimes fall victim to the same or at least very similar acts of those suffered by women. Male rape is far to be prevalent to be termed as an anomaly or a freak incident. By not having gender – neutral laws, we are dying a lot more men justice than is commonly thought.[8]

On the same reasoning on July 2019 KTS Tulsi, a senior lawyer and parliamentarian in the Rajya Sabha also brought a gender – neutral (Criminal law Amendment bill, 2019) before parliament to make the rape laws gender – neutral in India. As per make the rape laws gender – neutral in India. As per him, “Laws need to be balanced, the balance has been disturbed. All sexual offences should be gender – neutral. Men, women and other genders can be predators and, women and others needs to be protected.”

RESISTANCE TO GENDER NEUTRAL SEXUAL OFFENCES

Under the advice of the Justice Verma Committee, the center passed a criminal amendment act in 2013 that changed the definition of rape from sexual assault to include both genders. However, further changes were undone as a result of protests and opposition from feminists and ladies’ organization. Some perceive demands for gender-neutral legislation as an assault on feminism and think that the crime of rape is inherently patriarchal.

RAPE LAW MODELS IN DIFFERENT COUNTRIES[9]

Significant modifications were made to Scotland’s rape laws in 2009 when the “Sexual Offences (Scotland) Act, 2009” redefined the crime as “the intention or reckless penetration of the penis (to the extent) into the vagina, anus, or mouth of another person, without the consenting and without any reasonable belief that consent was obtained.” In order to include rape victims within the definition’s scope, the gender-specific term “women” was replaced with “person.” . The term “non-consensual anal as well as vaginal penile penetration” was included to the statutes pertaining to rape in the UK when the “Criminal Justice and Public Order Act 1944” first changed the laws. With this legislation, an attempt was made for the first time in UK legal system history to acknowledge male rape. The ambiguous definition of indecent assault was eliminated and it was later further defined by the “Sexual Offences Act, 2003 (England And Wales)” to include non-consensual penetration through the mouth. Penile penetration is still necessary for the definition of rape, though. Because women cannot currently be punished for raping males, the UK’s rape laws are still not gender-neutral.

In civil law countries like USA, Canada also attempted to make their rape laws more gender 0- neutral so that it includes men also. Definition of rape as per (United States Department of Justice, 2012) is “The penetration no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Despite the changes in rape and sexual offences of these countries, there are still some countries like India, Pakistan where rape is continued to n be seen as a gendered crime. When the offense of “grievous hurt” under Sections 114 and 115 of the BNS is applied to the rape of men and transgender people, it trivializes the seriousness of the crime. The highest penalty permitted under this clause, which is only seven years, is significantly less severe than the potential life sentence for rape under the previous clause 63. This distinction disregards the harm that sexual assault does to one’s body and mind. The idea that a man’s or transgender person’s violation is somehow less serious feeds into negative stereotypes about masculinity and the myth that men cannot be victims of sexual assault.Numerous nations have enacted gender-neutral rape legislation, such as South Africa, New Zealand, and Nepal. All citizens, regardless of gender, are guaranteed equal protection under these countries’ recognition that rape is a crime against all people. India could adopt a similar approach and align its legal system with global industry standards.

SUGGESTIONS

  • Repeal Gender-Biased Laws and Replace Them with Gender-Neutral Legislation

Present Problem: – A number of current laws are either overtly or covertly discriminatory against women, frequently shielding one gender while inadvertently marginalizing another. Laws that assume women are the victims and males are the perpetrators, for example, do not take into consideration situations in which either women or men are the victims.

The suggested course of action: – Examine all gender-specific legislation in detail, paying particular attention to those pertaining to family law, sexual harassment, and domestic abuse; Adopt gender-neutral language in legal definitions and frameworks to guarantee that everyone is protected and treated fairly; Provide protections against any gender abusing these gender-neutral legislation.

  • Expand the 2012 Report ‘Sexual Harassment in the Workplace’ to Include Men

Present Problem:- The 2012 report and related regulations frequently ignore the fact that males can also be sexually harassed at work in favor of focusing only on women. Male victims are deterred from seeking assistance by this lack of recognition, which also helps to maintain stigma.

The suggested course of action :- Revise the 2012 report to include cases of harassment against men in the workplace; Incorporate data gathering tools to record incidents involving male victims; Teach legal counsel and human resources personnel how to handle incidents of male harassment in a tactful manner.

  • Raise Awareness of Sexual Violence Against Men

Present Problem:- The stigma and underreporting of sexual violence against men persist. Male survivors frequently find it difficult to speak up or be taken seriously due to societal preconceptions.

The suggested course of action:- Start public education campaigns regarding male sexual violence around the country; Work together with survivors, community leaders, and NGOs to exchange experiences and build networks of support; Implement instructional programs that address male victimization in workplaces and schools.

  • Establish a Separate Court for Men (Parallel to Mahila Adaalat)

Current Issue: Men frequently lack a parallel legal forum to handle problems like sexual harassment, domestic abuse, and false allegations, while courts like Mahila Adaalat handle concerns unique to women.

The suggested course of action:- Establish courts specifically for handling disputes affecting men, manned by specialists who are sensitive to gender and have been trained to handle difficulties unique to men; Offer male litigants who are struggling financially free or heavily discounted legal assistance; Make sure these tribunals follow the impartiality principle and prioritize justice over gender.

  • Create Dedicated Commissions for Research on Crimes Against Men

Present Problem:- Although a lot of study has been done on crimes against women, little is known about crimes against men, which leaves policymakers without data.

The suggested course of action:- Create commissions tasked with researching crimes against men, including sexual assault, domestic violence, and harassment at work; Release statistics and updates on crimes against males on a regular basis, emphasizing trends and weaknesses in the current framework; Make use of this data to inform targeted treatments and gender-neutral policy.

  • Impose Equal Penalties for Perpetrators of Sexual Violence, Regardless of Gender

Present Issue:- Male and female offenders are frequently treated differently by legal systems, which results in unfair punishment for comparable offenses. The justice concept is compromised by disparity

The suggested course of action:- Standardize punishments for sexual assault while making sure that the victim’s or offender’s gender has no bearing on the sentence; Teach judges and law enforcement to handle every case with objectivity; To find and address gender-based inequities, conduct routine audits of sentencing trends.

CONCLUSION

History demonstrates beyond dispute that males have enslaved women to serve their sexual needs and to be crucial in ensuring their comfort. After using every resource at his disposal to subjugate and control her thoughts, he now stares proudly at the wreckage and claims that the creature he has hurt is his inferior. This is only one aspect of the situation; men can also become victims of rape, which makes the other side of the story distinct. To adapt to the evolving needs of society, Indian legislators have amended the country’s criminal code over the years. Keeping everything in perspective, the criminal law (amendment) Bill 2019, which seeks for a gender-neutral part that punishes any type of sexual assault, aspires to accomplish such progress. Gender-neutral rape laws are becoming increasingly necessary. There is a legal loophole in section 63 of BNS and sec 375 of IPC where both the victim and the predator are men or women because at the moment, the section considers women as victims and men as offenders. Even the Supreme Court will not consider petitions requesting gender-neutral rape laws before parliament had a chance to address the relevant issue. The majority of crimes go unreported or the culprits receive light penalties because there are no gender-neutral legislation in place. Criminal law firmly believes that everyone should be equally protected from all forms of criminal activity; in these situations, a man’s gender does not determine whether his suffering is less severe or does not require attention.

Reference(S):

[1] Proposals for Legislative Reform to Ensure Gender Neutrality, authored by Abhinav Jaju,  Law Student, Lloyd Law College, Greater Noida .

[2]See The Scope of Male Rape: A Selective Review, Policy and Practice, RESEARCHGATE, https://www.researchgate.net (last visited July 1, 2025).

[3] Bhartiya Nyaya Sanhita (45 Of 2023)(INDIA)

[4] Indian Penal Code (45 of 1860), § 375.(INDIA)

[5] Indian Study on Male Sexual Abuse: Filmmaker Insia Dariwala, THE GUARDIAN, May 23, 2018, available at https://www.researchgate.com (last visited July 1, 2025).

[6] New Rape Laws Leave Men and the Transgender Community Vulnerable, CJP, available at https://cjp.org.in/new-rape-laws-leave-men-and-the-transgender-community-vulnerable/ (last visited July 1, 2025).

[7] The Need for Gender-Neutral Rape Laws in India, Juris Centre, available at https://juriscentre.com/2024/07/15/the-need-for-gender-neutral-rape-laws-in-india/.

[8]The Criminal Law Amendment Bill 2019 and Gender-Neutral Sexual Offenses in India, The Criminal Law Blog (2020).

[9] Critical Analysis of Rape of Male in India, iPleaders, available at https://blog.ipleaders.in/critical-analysis-of-rape-of-male-in-india/ (last visited July 1, 2025).

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