Defending India’s gender-specific rape law under which the perpetrator of the offence can only be a ‘man’, the Centre has told the Delhi High Court that “the existing definition of rape under Section 375 (rape) should be left untouched”.
In an affidavit filed before the High Court, the Ministry of Home Affairs (MHA) stated: “These sections have been enacted to protect and keep a check on the rising level of sexual offences against women in the country”.
The MHA’s affidavit came in response to a public interest petition claiming that the existing law pertaining to rape was gender specific and protects only females.
The High Court had previously asked the Centre to clarify its stand on the issue, particularly in view of the recommendation of the Law Commission of India, to make rape laws “gender neutral”.
The MHA admitted that the law panel, in its 172th report, had recommended changes for widening the scope of rape law to make it gender neutral, by substituting the definition of ‘rape’ with that of ‘sexual assault’.
Nirbhaya case
The Centre said that a process was initiated in 2012 to make rape law gender neutral through the Criminal Law (Amendment) Bill.
However, after the December 16, 2012, Delhi gang rape case, the process was suspended.
Subsequently, the Criminal Law (Amendment) Act, 2013, was enacted, which widened the definition of sexual offences and enhanced punishment, but did not go into the issue of making rape law gender neutral.
“After due deliberations at various levels, including various stakeholders and women groups, it was decided that Section 375 of the IPC would be kept gender specific qua the perpetrator of the offence and the perpetrator is said to be a man”.
It added that the existing definition of rape under Section 375 should be left untouched as the “ambit of the Protection of Children from Sexual Offences (POCSO) Act, which covers all forms of sexual offences against minors, and Section 377 of the IPC were adequate to cover all sexual offences”.
The petition filed by social activist Sanjjiiv Kkumaar has challenged the constitutionality of Sections 375 and 376 of the IPC as they were not “gender neutral”.
Protects only females
“Gender neutrality is a simple recognition of reality — men sometimes fall victim to the same, or at least very similar, acts to those suffered by women,” the petition contended.
“Male rape is far too prevalent to be termed an anomaly or freak incident. By not having gender-neutral rape laws, we are denying a lot more men justice than is commonly thought,” the petition added.
No legal recourse
The plea further stated that in India, sexual crimes against boys under 18 years are covered under the POCSO Act, but once they become adults they do not have any legal recourse.
Published - July 04, 2019 12:39 am IST
