ADULT MALE VICTIMS OF SEXUAL ASSAULT

Abstract

The underlining object of this research paper is to understand and analyse why is there need to recognize adult males as victims of sexual assault and rape. Also, to analyse the instances present so that we can see how societal and police treatment hinders them from coping up from the situation. This research paper also consists why there is need of gender-neutral rape laws in India and compare it with other country’s laws in relation to gender neutrality of rape laws.  

In a country like India where from the very start only the main issue which many people in the society faced was of getting unequal treatment. In an Indian history there are many instances of people not getting equal treatment as compared to others. They are denied of equality in terms of living with dignity in the society, caste, creed, color, gender, sex etc. We witness people getting unequal treatment in our daily life. Debates, discussion about how to overcome with this is now a everyday scenario. Whenever there is any core issue like dowry, female infanticide, child marriage, sati, rape, denial of girl’s education and many other evil practices present in the society people always uses this term called “equality”. As a citizen of India, we have always witnessed women getting unequal treatment as compared to men. They were always considered inferior to men. All the above-mentioned evil practices largely affected women only in some or the other way. So, reformers, activists and the general people always tried to uplift the conditions of the women so that they can come to the mainstream of the society. All the efforts in doing the same came out to be successful as the condition of women is much better as compared to the olden times. Our Indian Constitution also talks about equality in article 14 and 15. Article 14 speaks about equality before law and equal treatment before law and article 15 talks about prohibition of discrimination on the basis of caste, colour, creed, sex, place of birth etc. So, Indian laws are in the favour of treating both the genders equal as mentioned in the article 15 about prohibition of discrimination on the basis of sex. In providing an equal status to females of our country males are completely neglected in present scenario. Giving equal status to female means if male is on the X platform then female should also be put up on the same platform but it doesn’t mean to side track the male from their platform or put down from their platform. This is not equality rather than it is unequal treatment between both the genders. 

India is a highly patriarchal country and it doesn’t only affect the women it affects men too. Men are always expected to be strong and behave in a manly manner. Boys don’t cry, boys don’t wear pink, boys are strong etc etc are the social norms or ethics that is exposed on men. They are always expected to stand by these so-called norms and if they are not doing the same then it is a stain on their masculinity. 

Rape is the one of the most heinous offences committed against a person. It is the most serious issue which our country is facing in the present scenario, how to deal with it, what measures we can take to decrease the rate of rape, what can be done for victims of rape and many more things. In Indian Penal Code, 1860 rape is defined under section 375. The need for changing the rape laws was realized after the Nirbhaya gang rape case in 2012 which was way too brutal to handle. Male victims of sexual assault and rape are not recognized as victims by the Indian society because of the stereotype thinking and mindset. There are loopholes in Indian laws also. Indian laws don’t recognize males as victims of the same. According to section 375 a man can only be a perpetrator and only a woman can be a victim. People are not ready to accept men as victims of such an offence. They also go through the same mental trauma as women go through in fact they face more difficulty in dealing with it because of attitude of the people against them. The rape laws should be gender neutral it should not be gender specific when it comes to sexual assault or rape. The laws shouldn’t be biased towards one gender. When we want equality then equality should be provided to both the genders and not only one gender. Our Indian Constitution also prohibits discrimination so while determining the victims the laws should be gender neutral as to do justice with both the genders otherwise it will be unfair on the part of one gender. The main aim of the law is to provide justice and it should do the same. 

Indian laws should recognize male as a victim of sexual assault and rape.