OVERLOOKED VICTIMS : The Absence of Rape
Protections for Men in the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita 2023 (BNS) in short
received the royal assent on 25, December, 2023 and isimplemented from 1 July
2024. All over the country there have been preparations and induction training
being organized to train the police as well as the administration to cope up
the new criminal laws. Here,Iam going to talk only about BNS, 2023 which has replacedIndian
Penal Code, 1860.The preamble of the Act, 2023 (herein referred as BNS) reads
as, “An Act to consolidate and amend the provisions relating to offences and
for matters connected therewith or incidental thereto.” It means the 2023 Act
combines and amends the provisions relating to offences which were in IPC,1860.
In India Rape Laws are not gender neutral. In
erstwhile IPC,1860 the sexual offences are contained under chapter XVI, this
chapter runs from section 299 and ends at section 377.The sexual offences against
women are contained in the same chapter under the heading Sexual Offences which
runs from section 375 to section 376-D. Section 377 was the only section under
which FIR can be registered for committing rape against Men and transgender
people. For the course of discussion, I have extracted the verbatim of section
377. It reads as:
“Section 377 Unnatural offences- Whoever voluntarily
has carnal intercourse against the order of nature with any men, women or
animal, shall be punished with Imprisonment for life, or with imprisonment of
either description for a term which may extend to ten years, and shall be
liable to fine.Explanation- Penetration is sufficient to constitute the carnal
intercourse necessary to the offences described in this section.”
In
the case of Navtej Singh Johar versus Union of India, the hon’ble Supreme Court read
down the section 377 and decriminalized same sex relations between consenting
adults. It applies to all citizens and not just to the LGBTQ+ community. Thus,
it read down section 377 to exclude consensual sexual relations between adults,
whether between same sex individuals or otherwise. Section 377 will continue to
apply to non-consensual sexual activity against adults,sexual acts against
minors and bestiality. So, for non-consensual sexual activity it continues to
be an offence.
The
Article published by The Hindu mentions that with the
non-inclusion of Section equivalent in BNS, rape of men and transgender persons
will become a non-offence post July 1 2024. Also, the Article highlights the suicide
of 23-year-old man after he was gang-raped by four men in Uttar Pradesh. Post
July, 1 2024 the policewill not be able to register the FIR in like cases. As
we are very aware of the fact that sexual offences against the men are
increasing day by day, only few of them are reported and registered. In this
case the young man committed suicide after he was gang raped and thanks to the
section 377 IPC,1860 in which the police registered the FIR. But what will
happen post 1 July,2024? How these cases will be registered and how scales of
justice will be balanced is the current issue of this Article?
Sexual
violence against men is a grave issue that is often underreported due to
societal stigma and lack of legal recognition. The absence of specific
provisions for male rape victims in the BNS 2023 perpetuates this silence and
further marginalizes these victims. It is imperative that our legal system
evolves to provide justice and support to all survivors of sexual violence,
irrespective of gender.
The
writer urges the policymakers and legislators to reconsider this aspect of the
BNS, 2023 and take immediate steps to amend the law to include provisions for
registering and addressing rape cases against men. This would not only ensure
justice for male victims but also affirm our commitment to equality and human
rights.
Thank You.
Umar Bashir, Advocate
B.A., LLB, LLM, PGDCL
Email : umarb373@gmail.com,
M : 7006121252, 9797901560