Generally a large number of society is of view that sexual offences is committed against women only but this view is very partial favoring to women only. As far as judiciary is concerned it has also narrowed its view towards the sexual offences. The protection to women has reached its peak by helping women online as well as mainstream sphere like harassment at workplace act, dowry prohibition act, and many other provisions of Indian penal code has been made. By forming the provision of sexual offences against men somewhere the equality before law u/a – 14 of the Indian Constitution is violated.
One most important question – will police believe if any man files a complaint that a woman has assaulted him? The most basic question – would a male victim actually tells his family and police that he has been assaulted?
The society at large rejects the idea of men being raped. Several cases of victim males go unreported and the central government has made no efforts to publish the material regarding male being raped. In a society where the gender equality is a big issue for debate, is it not important to think of men as a victim of rape too?
After the incident of Delhi gang rape on December 16, the few amendments as well as new provisions were made in Indian Penal Code, The Evidence act, Code of Criminal Procedure that dealt with sexual offences to add a new set of protection to women against the sexual offences. However none of the lawmaker considered it important for men to seek protection against such kind of sexual offences. Section – 375 of Indian Penal Code which defines the rape does not even include the men in the category of victim of rape. And the result is that there is no legal framework for men to protect them against the sexual offences or we can say no legal framework for prosecuting the women for the sexual offences committed against the men. Many times the protection given to the women are misused by them which causes the mental harassment to the men.
Generally the people are of view that if a man is forced to have a sexual intercourse it is not a crime, infact the man is said to be lucky. Every sexual act is not enjoyable for men. The men are blackmailed by desperate women to fulfill their sexual needs and if man doesn’t satisfy them then they will allege them with the offences like rape.
In our country women abused are more but that should be no reason to ignore the same offence against men. Men also feel the mental stress, physical pain and trauma like women if someone touches the body without their consent.
There are many cases where a man is abused by a woman, a 41-year old auto-rickshaw driver jumped off an apartment in south Delhi to escape a woman’s attempt to sexually assault him. The driver told the police that the woman had first asked him to drop her at arun nagar and borrowed Rs 300 from him to purchase few items on the way and promised to repay the same after reaching home. After reaching the woman’s home , the woman invited him inside and offered a glass of water and then she allegedly locked the door and tried to sexually assault him and her African friend , a woman, filmed the act and he escaped by jumping out of balcony. This case by some people is nothing more than a fake story but the man was sexually assaulted and there is no remedy available to him to seek the protection against such offences.
The parliament of India has willfully neglected the right of a man to seek protection against the sexual offences. Prior to the amendment act 2013 section – 375 was not precise towards protecting women only the general definition was given but now the whole law is favoring the women , the men are not treated as a victim of sexual offences . The legislature should wake up and should provide the protection to the men also. The law should be equal for the men and the women and whoever breaks the law should be given the same punishment
Contributed By- Neha Mittal & Vilas Sharma (GEETA INSTITUTE OF LAW, KUK)
Edited By – Nikita Goel, Convener, Students Reporter Committee, INBA