RAPE! You might have heard this word several times in your lifetime & have
you ever wondered why only females are being connected with rape & only they are
thought to be the victims every single time. Have you ever wondered why don't we
talk about an important section of our society who face more discrimination
against any other section of the society? Yes, you are thinking in the right
direction I am talking about the LGBTQA+ community of our society.
some members of this so-called SOCIETY don't even consider LGBTQA+ community to
be a part of this society we live in. Is that because people belonging to LGBTQA+
are not humans or is it because not even a single crime is being committed
against them? CRIME the standard definition says "ANY ACT OR OMISSION
PUNISHABLE BY LAW IS A CRIME".
Whenever we hear of this word CRIME the first
thing that comes to our minds is any act which is against societal norms so is
this the reason people from LGBTQA+ are seen as criminals because according to
the so-called SOCIETY we live in its not less than a crime if you belong to this
category. I know you might be thinking that now people have started recognizing
them and you are correct to some extend but does that mean every single
individual living in the society has recognized them the answer is a big NO.
Just to get a very basic idea about the LGBTQA+ community these are basically
the Lesbian(L) [females getting sexually attracted towards other females]; the
Gay (G) [males getting sexually attracted towards other males]; the Bisexuals
(B) [the people getting attracted towards both males & females]; the
Transgenders (T) [these are neither classified as male nor as a female, as they
have got a different sexual structure]; the Queer (Q) [an umbrella term for
people who are not heterosexual or cisgender]; the Asexual (A) [those who don't
get attracted towards any other person].
Lesbians & Gays are generally known as
homosexuals. Now as we are clear with which group of people exactly forms LGBTQA+
community, we can now discuss about the crimes being committed against them. I
would be referring the LGBTQA+ as THEM (hereinafter). Before jumping to the
crimes being committed against them it is important to know that they are not
born different its just that during their teenage or when they turn out to be an
adult they start exploring and it is at that time when they realize that they
get attracted towards the same sex or towards both the sex or towards none.
As the society recognizes them to be different from heterosexuals so is it like
that no crime is being committed against them and the rapist leave them just
because they are different from others, if you think in this way then I'm very
sorry to say that you are damn so wrong. The criminals never see who is in front
of them while committing the crime. Everyone of us is aware of the fact that
heinous crimes like RAPE is being committed from a child of around 2 months to
an old lady of around 90 years of age. So how can one say that the people from
this community are left untouched from such a heinous crime.
The definition of RAPE provided in IPC (Indian Penal Code) under Section 375
which states, "A man is said to commit "rape" if he:
Under the circumstances falling under any of the following seven descriptions:
- penetrates his penis, to any extent, into the vagina, mouth, urethra or
anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus of a woman or makes her to do so
with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration
into the vagina, urethra, anus or any part of body of such woman or makes
her to do so with him or any other person; or
- applies his mouth to the vagina, anus, urethra of a woman or makes her
to do so with him or any other person,
- First. Against her will.
- Secondly. Without her consent.
- Thirdly. With her consent, when her consent has been obtained by putting her or
any person in whom she is interested, in fear of death or of hurt.
- Fourthly. With her consent, when the man knows that he is not her husband and
that her consent is given because she believes that he is another man to whom
she is or believes herself to be lawfully married.
- Fifthly. With her consent when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she gives consent.
- Sixthly. With or without her consent, when she is under eighteen years of age.
- Seventhly. When she is unable to communicate consent.
Explanation 1. For the purposes of this section, "vagina" shall also include
Explanation 2. Consent means an unequivocal voluntary agreement when the woman
by words, gestures or any form of verbal or non-verbal communication,
communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration
shall not by the reason only of that fact, be regarded as consenting to the
Exception 1.A medical procedure or intervention shall not constitute rape.
Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the
wife not being under fifteen years of age, is not rape".[i]
After looking at the definition I felt that the law is a bit biased in a sense
that it presumes that the crime like rape can only be committed against woman
not against any other gender. Is it because only the crime can be committed
against woman the answer is NO.
We know that CONSENT plays a very vital role
while having sexual intercourse what if Man doesn't give the CONSENT or
withdraws the CONSENT while having sex with his partner why doesn't the law
takes this scenario into consideration, why is the law silent for any other
gender other than female, what about the transgenders is it they don't indulge
into sexual intercourse with anyone or is it just because the society don't
recognize them capable enough to indulge in such practice.
RAPE is a crime which
can be committed against any gender. If one thinks that the crimes like RAPE or
any other Sexual Offences can't be committed against transgenders than -
According to a survey of nearly 5,000 transgender people by the National AIDS
Control Organization in 2014-15, one fifth said they had experienced sexual
violence in the past 12 months.[ii]
This report showed us a picture back then that the sexual offences are being
committed but these cases go unreported because they fear that if they come out
in front of the society than they might be misjudged they would themselves be
targeted as the offenders & not as the victims. Let's take a hypothetical
situation which might even be a true-life situation of someone for instance
lets assume that there is a lesbian & she forcefully got married and without her
VALID CONSENT her husband had the sexual intercourse then would this not amount
Yes, this would too be considered as a RAPE, now-a-days we often hear about
MARITAL RAPE should be criminalized & thus it would too be considered as a RAPE
because RAPE IS RAPE irrespective of the fact whoever commits it or with
whomsoever it is committed. In the case of "National Legal Services Authority
Vs Union Of India & Ors
was highlighted that several sexual offences are being committed against the transgenders include that of sexual assault & rape, thus there is a need of law
which protects the transgenders from being the victim of such heinous crime.
point that is to be focused on is that if a Law is passed that doesn't ensure
the safety to ensure one's safety it is to be implemented effectively & is to be
followed by each and everyone in the society.
Another case of "Navtej Singh Johar & Ors Vs Uoi & Ors
", here the right to
sexuality, right to sexual autonomy & right to choose one's sexual partner falls
under ARTICLE 21 (Right to life)[iii] & further to declare Section 377 of IPC to
be Unconstitutional.[iv] The main highlight of the case was discrimination faced
by the LGBTQA+ community people. Along with Sec 375 of IPC, Sec 377 of IPC was
also discussed which states:
Section 377. Unnatural offences. Whoever voluntarily has carnal intercourse
against the order of nature with any man, woman 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 also be liable to fine.
Penetration is sufficient to constitute the carnal intercourse
necessary to the offence described in this section.
This section was gender-neutral but here "against the order of nature" what does
this implies is it that people belonging to the community indulging in sexual
activity is against the order of nature does that mean being a homosexual is
against the law of nature is it unnatural because what I can interpret from the
definition is this only also the interpretation of different people varies from
person to person so no one can say who is right or who is wrong.
And that is the
reason our HON'BLE SC declared Sec 377 of IPC to be unconstitutional. That means
again we don't have any gender-neutral law for the sexual offences committed
against the LGBTQA+ community as a whole.
Every one of us knows that several rape cases go unreported due to social
factors or due to societal factors like that of LKK i.e. LOG KYA KAHENGE, this
sentence makes a lot of difference in our lives. If cases in which victim is a
woman can go unreported then why can't we say that where the victim is a man or
transgender can't get unreported. Does that mean if the case is not reported
than such crimes don't happen? The answer is no that's not the case its just the
factor of LKK.
In a society where the transgender doesn't have a proper
representation and are yet not treated equally let it be in politics, medical,
law or any other field, how can one expect that they would go ahead to report
the crimes against them and even if they report such cases then what is the
guarantee that they won't be misjudged or would not be seen as the offender
themselves instead of victim & the case would be registered and they would be
represented in the court of law, they won't be humiliated on the basis of their
sexual orientation is there any guarantee.
Even while making a bill for
transgender i.e. Transgender Persons (Protection Of Rights) Bill, 2014
committee drafting the bill didn't had a proper representation of Transgender
for whom the bill was being drafted, then how can one say that all the issues
faced by them were taken into consideration?
Then does that mean the bill was
just drafted for the namesake. If we want that every individual in the society
to get a proper representation then it is very important that they get the
representation in politics first so that they are decide what is good & bad for
them. Having the fair representation from the community would ensure the safety
of them as they would decide what is right & wrong for them they would be able
to make laws for themselves. There is a need for gender neutral laws in the
country like INDIA where people share different beliefs & customs.
A society can
never be crime free but the rate of crime can be decreased by effective
implementation of laws & if the people can stop misjudging the community, it
would lead to a welfare state. Everyone has the right to life under ARTICLE 21
which is a fundamental right, here everyone is gender neutral, if the
fundamental rights can be gender neutral why can't we have gender neutral laws
for the offences?
- Article 21 of Indian Constitution
- Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (06.09.2018 -
SC) : MANU/SC/0947/2018
Please Drop Your Comments