"A murderer kills the body but a rapist kills the soul." - Justice Krishna Iyer 

This article deals with the unanswered questions that the Indian Legislature never answered. This article revolves around the idea that rape can be gender-neutral and laws regarding it can also be unbiased. It is a written fact that all rape laws are only for women and there is no mention that male rape can also happen.

It is a stigma which Indian legislature has created which says that, only women are the victim of rape and males are the accused but it is never said that male has been raped by a woman or has been molested or harassed its always the other way around.

The main aim of this article is to observe the male rape cases, the unheard prison rape case of male, and the unnoticed P.I.L which was filled for gender neutrality in rape laws.

Introduction:
Section 63[1] BNS
A man is said to commit "rape" if he:

1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person; or
2. 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 do so with him or any other person; or
3. 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 do so with him or any other person; or
4. applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person, under the circumstances falling under any of the following seven descriptions: —
   1. against her will;
   2. without her consent;
   3. 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;
   4. 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;
   5. 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;
   6. with or without her consent, when she is under eighteen years of age;
   7. when she is unable to communicate consent.

Explanation 1. For the purposes of this section, "vagina" shall also include labia majora.
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 sexual activity.

Exception 2.Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.

RAPE[2] is a very serious and grievous crime wherein sexual copulation is committed without consent. Generally described and defined as an act of forcing or compelling a person to have sexual intercourse or any form of sexual activity against his or her will, this process could go a long way, taking different forms of coercion such as the use of physical force, threats, intimidation, and manipulation, or it could involve the circumstances in which the assailant is using a means to make the victim incapable of issuing consent, like when the latter is unconscious or under the influence of drugs or alcohol.

Lack of Consent:
It is that expression of the mutual voluntary, willing, and eager agreement of people to indulge in sexual intercourse with each other. Rape[3] is considered an act wherein sexual activity occurs in a situation where such an individual is given no offer to request permission, free and informed consent to take part in such an act. But consent to continue sexual activity must be continuing-it can be withdrawn at any time, and if it is withdrawn, continuing sexual activity amounts to rape.

The use of force or the application of compulsion:
Rape would normally entail actual physical force, such as overpowering the victim, or threats of force. However, rape can also be psychologically coerced, where the victim feels he cannot refuse to comply because of intimidation, manipulation, or fear. At times, drugs or alcohol were used to render the intended victim powerless, to such an extent that he would become completely incapable of resisting the situation or offering any meaningful consent.

Penetration, in many legal contexts and frameworks, refers to:
Traditionally, rape has been defined as penetration of the vagina or anus by any part of the body or object involving a penis, fingers, or any other object that may be used in sexual molestation. However, some of the progressive legal systems have added that sexual assault does not necessarily mean penetration and should hence be distinguished and addressed as a grave offense deserving due law consequences. In more gender-neutral legal frameworks, penetration is not always a requirement, and any non-consensual sexual act can qualify as rape.

This implies ill-informed consent by the victim:
Rape also occurs where the person involved cannot give his or her consent and this may be in any of those situations, for example where the person is unconscious or asleep, or is intoxicated or under any influence of drugs, or suffers from some mental incapacity. In that situation, the victim is placed in a position of inability to give a definite and well-informed decision, and the victim is also incapable of appropriately communicating his or her assent.

Male rape is one of those non-consensual sexual practices executed against any male-based victims:
There were no gender limits to sexual assailants, and the said act would include all types of sexual assault, including penetration[4]. Although the world had come to be focused on females as being victims of sexual violence, male rape was a serious issue that had profound physical, emotional, as well as psychological implications for its survivors.

Rape Is A Stereotype:

Indian legal system, there were no male rapes that are recognized and taken seriously. Indian rape laws would address rape cases involving only female victims only.
For instance, under the provisions of Section 375 of the IPC and Section 63 of the BNS, it is defined for India that it was an act committed against a woman alone. The legal definition clearly defines the parameters within which an offence is categorized and prosecuted. At the same time, it has to be mentioned that the same has been used in some cases, including non-consensual sexual acts between men. In these cases, Section 377 was drafted with a clear intent to criminalize unnatural sexual acts. Nonetheless, the use is actually pretty restricted as not commonly invoked in practice especially since the landmark judgment in decriminalizing consensual homosexual acts in the country.

In many countries, radically the laws have played a great role in the expansion of the definition of rape already set. Such laws include all forms of penetration that are not consensual by nature; the meaning of them therefore applies universally, without exception, and regardless of gender to such acts involving any victim.

Countries In Which Rape Laws Are Gender Neutral:

There are several countries around the globe that have made great strides in legal reforms through gender-neutral rape laws[5]. Such laws, therefore, strive to find and punish the very crucial reality that, indeed, men can also be victims of rape and other sexual molestation. It is to this reality that such laws pave for a more general approach toward sexual violence so that such heinous crimes are accorded every bit of seriousness they deserve without regard to the gender involved either as a victim or a perpetrator in the crime committed. Below is a listing of various countries that have legal frameworks for male rape laws or which have gender-neutral rape laws set:

United Kingdom:

The Sexual Offences Act of 2003 therefore gives a very comprehensive legal framework. In fact, it defines rape as penetration of the anus, mouth, or vagina of another person by the penis against that person's will. This is regardless of the gender of the victim involved in the act. The law is gender-neutral, meaning that effectively it recognizes and identifies male victims of rape without bias or discrimination. According to this law, every act of male rape, besides many other ways of sexual attacks committed against males, obviously fashions crime explicitly. Additionally, the statute ensures that male victims would be accorded the right to suitable protection and essential provisions in services to help them to recover.

United States Of America:

Rape laws are now claimed to be neutered as an attempt to include even male and female perpetrators, but with some slight variation on the definitions and statutes of such laws in most of the states.
Under the rape laws adopted and promulgated by the FBI, the crimes have developed to define rape as a crime in minute details under the federal law. This definition includes and comprises male victims who, in specific situations, can be violated, and such rapists fall without the consent of the victim: "penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person.".
Worthy of note in this regard is that many states have enacted legislation codifying and criminalizing the male rape act. And most importantly, there has been a recognition by lawmaking bodies, that the men constitute a victim in their respective rape and sexual assault statutes.

Australia:

Although the law of sexual offenses varies significantly throughout Australia, from state to state and territory, it is striking that nearly all jurisdictions use gender-neutral concepts for the definition of serious crimes such as rape and sexual assault[6]. For instance, in New South Wales, there are expressed bodies of law that not only recognize and acknowledge the rights and experiences of male as well as female victims who have been sexually violated.

The Crimes Act 1958 (Victoria)[7] provides for and permits sexual offenses, and there is a provision for the definition of rape that covers all cases of penetration which are not agreed upon between the couple or people concerned, irrespective of gender.

Canada:

Since the inception of the already ancient Criminal Code of Canada in 1983, the criminal law system in the entire country of Canada remains gender-neutral. All this all-important legislation specifically encompasses sexual assault, a broad range of unwanted sexual activities and behaviours, although the act of rape, within such offenses, does not consider any gender distinctions in regards to the victim that has been involved in such offenses.
This type of offense retains mutual policies between men and women concerning Canadian law, sexual assault. The male victim still enjoys rights equal to his counterpart opposite in the case.

Sweden:

For example, Sweden has its Penal Code that expresses the legal provisions to criminalize the acts of rape and other sexual offenses without gender, thus pointing that equality before the law requires to be so, meaning that this most detested crime, rape can both encounter men and women.

The legal system has demonstrated full recognition of non-consensual sexual activities among the sexes both in men and women. In the annals of law, Swedish jurisprudence has given both sexes similar treatment.

New Zealand:

New Zealand is progressive in terms of legislation since it is one country that enacted gender-neutral laws which are supposed to protect both a man and a woman from rape and sexual assault. New Zealand defines rape according to its Crimes Act of 1961, which says that rape has a very wide legal definition, meaning any such sexual act that is committed without consent by any person against his or her will regardless of whether he or she is a male or a female.

The country really focused efforts on ensuring male victim's rights legal and proper care besides a multitude of much-needed services designed to assist them.

Norway:

For example, Norway has gender-neutral rape laws. Rape is said to be any sexual act committed without the victim's consent and held to be any form of sexual nature without permission from the victim. However, the law protects a victim regardless of his or her gender.

The law especially places a marker of condemnation on male rape, and the legislations thus provide male victims with the quality of care and respect awarded to female victims.

Philippines:

The Anti-Rape Law of 1997[8] provides a gender-neutral law in the Philippine legal system, as it highlights the fact that rape is gender-neutral; it states that it can be done upon any gender, either male or female. This actually presents the truth as far as male victims are concerned who do get raped, which points out that men can also be sexually violated too.

The base of this legal framework is the equal legal protection provided by the act of gender with regard to sexual violence acts for men and women.

Kenya:

The Sexual Offences Act of 2006 in Kenya recognizes the fact that both men and women can become rape victims. Such landmark legislation gives definitions of rape and sexual assault, using gender-neutral words, which is an important factor since the same policies assure men equal legal protection under the law. The provision of law has thus been able to become a long step towards addressing issues of sexual violence in Kenya, even when the victims were male.

India (Recognised Partially Only):

While the legal definition of rape, however, continues to be outlined by Section 375 of the Indian Penal Code[9] and Section 63 of the Bhartiya Nyaya Sanhita in a gender-specific fashion, with applicability only to female victims, it should be noted that Section 377 was used as a tool for prosecution concerning non-consensual sexual acts among males. Such arguments are especially valid in cases concerning male-on-male sexual violence, emphasizing one important aspect of the problem, which is glaringly evident concerning legal challenges in this issue. It is however pertinent to note that Section 377 is broader as a range of issues than merely sexual violence, while the overall legal framework of these issues remains in the developmental and evolving stage, in tune with society's changing values and mores. Protection of Children from Sexual Offences Act, 2012[10], this law is gender-neutral as it assumes that boys and girls could be equally victims of sexual abuse.

This new wave of agitation across India for structural change with special emphasis on gender-neutrality in the codification of rape laws aims to provide justification for better protection and support to the male victims relegated in discussions related to such sensitive issues.

Reports Of Male Rape Cases In Consideration Of Indian Scenario

Despite the fact that actual incidents of male rapes in India, to a great extent, are reported and spoken of even less than those concerning females, they have recently begun to draw attention[11]. The lack of comprehensive statistics nationwide is for various reasons, including social stigma toward the victim and ignorance of the matter in general; most importantly, however, it is the legal framework in India, specifically Section 375 of the Indian Penal Code and Section 63 of the BNS, under which men are, until now, not considered official victims of rape. Yet recently, a spate of cases has come to the fore in the form of rape incidents against males that raises and demonstrates the extraordinary intensity and gravity of this disturbing issue.

Cases Reported By Various Media Houses

Cases of male rapes hardly get attention or are brought to the limelight of mainstream media houses. Of course, a few cases did get reported. Such reports bring much-needed attention to the issues. Probably the most publicized case that surfaced in 2018 was that of a 14-year-old boy from the state of Bihar, who was raped collectively by a group of older boys. This case shocked everyone so much that enormous focus was created regarding the commonality of sexual abuse on the boy's gender, which thus created a huge need to ensure protection and better support for the male victims who are left in such an agonizing situation.

In the year 2021, a disturbing case also surfaced in Madhya Pradesh where one 17-year-old boy was gang-raped by five men; again, it brought focus to the malady existing within the sex crimes committed against young males. This case was reported and came under investigation under Section 377 because Indian law had not yet categorized male rape as an offense under Section 375 of the IPC. There are also reports from male victims of sexual abuse that have aspects related to school contexts or the workplace where such acts might potentially take place. Once more, however, social stigma and social stigmas often serve as barriers against reporting or talking about their situation to anyone among male survivors.

Male children are mostly found and validated as victims who carry the bad luck and severe consequences of sexual abuse. Protection of Children from Sexual Offences Act, which was passed in the year 2012, is especially written with a gender-neutral viewpoint in its functional aspect. That means it was designed to cover all the forms of sexual offenses committed on children irrespective of the fact whether the said children are boys or girls.

It is this all-inclusive and unbiased approach that has done significantly to bring out more people, especially in cases where boys were involved, in reporting matters of sexual abuse. There are many cases of sexual abuse reported under the POCSO Act[12] where boys are involved, with the National Commission for Protection of Child Rights (NCPCR) and other NGOs. In most of these cases, boys are sexually abused by family members, teachers, or peers.

Collected Data and Information from Various Reports and Studies According to the nationwide study conducted in 2018 by Save the Children, the non-governmental organization in association with other welfare agencies related to children, revealed that nearly 53% of the boys were children who were exposed to different patterns of sexual abuse in India. Estimates from the Childline India Foundation show that about 19% of total sexual assault reported to Childline, in which male victims feature, consist of boys who, as minors, are the most vulnerable.

Social Stigma Of Male Rapes:

Justice Krishna Iyer, in the landmark judgment of Rafiq v. State of U.P.[13], perceptively noted and poignantly observed that "a murderer kills the body but a rapist kills the soul." He thus threw light on the deeper, albeit often unpopular consequences of such heinous crimes. When the judiciary, harnessed to uphold justice and protect the rights of all citizens, refuses to acknowledge an act of rape, which has been perpetrated against a male victim, then it invokes a disturbing scenario. It is almost as if rejecting the very spirit and essence of the legislation that had gone into securing victims of sexual violence. Besides, it reflects the extreme mechanical application of the law without grounding it within the nuances and realities of each given case.

For example, in India, male rape is highly underreported due to deep-rooted stigma, shame, and cultural values that long seemed to brand the experience of sexual violence with female victims. The societal view not only marginalizes the experience of male victims but also perpetuates an environment where men are frequently coerced into living up to some kind of masculine mask. In such cases, when men are caught in the unfortunate circumstance of becoming a victim of rape, confessing to the ordeal is, for all intents and purposes, a challenge to the ideas of traditional masculinity. In such a scenario, the challenges compounded for them in coming forward to report their traumatic experiences or seek justice over it.

Male survivors fear that their crime will be ridiculed or disbelieved and even victimized once more. Through deep fear, such fear has contributed so much to a society in which incidents of sexual violence against men, more importantly adult males, remain wide-eyed unseen, and, by extension, invisible to society. Stigma and Its Overcoming End Stigma within society, as well as many stereotypical perceptions, often create strong obstacles that prevent male survivors from openly saying what has happened to them.

Awareness efforts may play a big part in this respect, since all of their actions may be targeted upon demolishing such destructive and hurting beliefs that assert that men can never be the victims of rape or that rapes against men are somehow less serious compared to the ones committed against females. Use mass media in an integrated combination of social networking, as well as access through schools and colleges, to maximize awareness about this act and the nature of the prevalence.

Normalizing reporting Encourage male victims to report sexual violence by vigorously publicizing the message that sexual violence is absolutely unacceptable, whoever the victim or perpetrator. Case studies must be mentioned after taking their due consent wherein men supported their journey, so that a case may get dealt with legally and justice could get delivered for the victims. The stigma attached to male rape is further aggravated with the added dimension of gender-based stereotype perceptions.

Most often, society expects men to be strong, resilient, and masters of sexual power, making it difficult for victims to come forth from that kind of environment. This causes a rather deep inner conflict that overpowers them; they cannot accept or even claim that they are victims of such traumatic acts. Such stigma results in extreme underreporting of incidents, shame, isolation, and intense confusion in survivors.

Reports Of Male Rape Cases:

Incidents and Reports on Male Sexual Abuse in Prison:
Though not much discussed and reported by the news media, the issue behind Indian prison walls of male rape is not forgotten; for its share of cases and reports are scattered all over time[14]: It usually focuses on the gross misuse of power that exists between the powerful inmates and misbehaviour by the corrupt section of the administration in the prison, which does not tend to ensure justice for the victims and protects the weaker sections.

Human Rights Reports:
Most cases of sexual abuse[15] in the Indian prisons are being observed by several human rights groups, right from Amnesty International to Human Rights Watch, and are being related with great sensitivity in their reports. This report, in 1991, Human Rights Watch, brings some crucial and alarming issues into focus regarding police and prison abuses in India. The facts discovered in the report state that the male prisoners have undergone extreme forms of sexual abuse while undergoing detention which, in some cases, was even more dreadful than rape because it entailed other torture practices and incessant harassment.

Although these abuses are grave in nature, the area of research in this context is the least explored because adequate investigation and systematic data collection have not been done up till now, thereby obstructing all-time understanding of the situation at hand.

One of the most famous cases that took place was in 2018 within Tihar Jail, which is infamous for being one of the largest correctional facilities in India. A male inmate here, who was arrested in this notorious jail, was raped by some other male who was an inmate at that time[16]. The case attracted much media attention because the victim dared to send the case to the appropriate authorities, which is really rare in such a case. Despite the fact that the case had been presented in front of the channel of authorities, the issue couldn't get enough progress and wasn't given enough legal scrutiny because of the deep-rooted societal stigma that still surrounds male rape. It therefore depicts how the victims face great hardships in such tragic situations.

Abuse of Juvenile Inmates:
There are some very disturbing and alarming reports regarding the scale of sexual violence, which sadly includes rape within juvenile detention centres and even prisons. Several organizations, like Childline India Foundation, among many others, have documented many cases of sexual abuse perpetrated on vulnerable young boys who are detained[17]. This is the victimization at the hands of older inmates or even by staff members entrusted with their care and rehabilitation. As such, this abuse is highly heinous because it involves minor victims where the perpetrators are supposed to hold them in their protective custody for rehabilitation purposes.

Reports of Torture in Prisons:
The sexual assault crimes that inmates of Indian prisons have been exposed to include a multitude of such crimes, handed down to these inmates as tortures or punishments by the officials administrating the Indian jails. Importantly, however much the torture perpetrations against these inmates may not always be clearly labelled as rape, the fact that there is a sexual element involved, like in cases where inmates are made to go naked; other cases where inmates undergo sexual humiliation or even other breaches involving penetrative objects, clearly suggests sexual violence being deployed as a method of systemic domination and subjugation of these inmates.

As quite a few incidents happen before its active intervention, the National Human Rights Commission, more popularly known as NHRC, at various instances in its functioning has taken Suo-moto cognizance of custodial deaths and sexual violence within prison walls. Still, even after this interference, the commission hasn't made much success in effective dealing and finding solutions to problems prevailing within these serious issues.

Factors Contributing To Male Imprisonment Sexual Abuse In India:

1. Overpopulation: Indian prisons have always been overcrowded, thus making an easy environment for violence and even sexual assault[18]. Overcrowding often involves inmates being confined in close quarters with minimal supervision, which results in an increased chance of violence.
    
2. Hierarchical Power Structures: In Indian jails, no formal ranks but unofficial ranks prevail, whereby the stronger inmates dominate over their weaker counterparts. Ranking leads to hitting and sexually assaulting the weakened inmates, especially the young or the weak ones.
    
3. Lack of surveillance and oversight: India has thousands of prisons that are understaffed and have weak mechanisms of monitoring, such as CCTV to keep an eye on the prisoners. It is primarily the lack of supervision that encourages such sexual abuse[19]. Mostly it occurs either unobserved and/or not reported.
    
4. Stigma and Fear of Reporting: Generally, male prisoners are not prepared to report sexual assault because of the shame of being considered a rape victim. Male sexual assault is generally considered an insult to masculinity, and the victim fears ridicule or further victimization. Most inmates would also fear retaliation by their abusers, especially if the latter just happened to be stronger inmates or even prison staff.
    
5. Sexual Misconduct by Correctional Personnel: In other instances, the rape cases are with prison guards or staff to inmates. Such cases are hardly reported owing to the expected retaliation from their authorities-in-charge, which are more or less powerful.

P.I.L For Gender Neutrality:

The year 2017 marked a progressive step in the hands of a committed Advocate named Sanjeev Kumar, who presented a Public Interest Litigation (PIL) in the reputable Delhi High Court. It was primarily intended to plead for the gender neutrality of India's existing rape laws, an increasingly crucial matter in contemporary society. He submitted a petition that specifically concentrated on the constitutionality of Section 375 of Indian Penal Code (IPC). This particular section of law defines rape in a limited and exclusive manner wherein it only states that it is the crime committed by a man against a woman. As a direct consequence of this narrow definition, male and transgendered individuals are found to be abruptly eliminated from getting the legal protection and relief that they deserve upon falling victim to such crimes.

Essential Aspects of Public Interest Litigation presented by Advocate Sanjeev Kumar:
Gender-Specific Nature of Section 375 IPC:
Public Interest Litigation, also known as PIL, proceeded to argue that the provision of Section 375 of the Indian Penal Code, which defines rape with specificity as being committed by a man upon a woman, inherently discriminates against other males and transgendered individuals who may be victimized likewise. This provision of the law does not recognize their existence as possible victims of sexual violence, thereby creating a significant gap in the legal model.

It highlighted, with crystal clarity, that the gendered definition manifested here was a clear violation of fundamental rights under Articles 14, 15, and 21 of the Indian Constitution. These articles together guarantee equal protection under the law for all and proclaim the very right of life and personal liberty to citizens.

Need for Gender-Neutral Rape Laws:
It has issued a clarion call for important changes to be made in Section 375 of the Indian Penal Code, or IPC. Such changes, it would indeed make rape laws gender-neutral, so that men and transgender persons who fall as unfortunate victims of rape are dealt with legally on par with the female victims of these heinous crimes.

Advocate Sanjeev Kumar strongly advocates the necessity of gender-neutral rape laws and went on to say that it was essential to protect each one of them from this dreadful act of sexual violence. He also focused upon the above-mentioned increasingly acknowledged reality that men, besides transgender persons, could also be the victims of such grave crimes.

International Comparisons:
The petition mentioned many countries, amongst them being the United States, the United Kingdom, Canada, and Australia wherein they have enacted laws that deal with rape as being gender-neutral. These allow recognition and acknowledgment that both men and women may become possible victims of sexual violence, a point where this serious issue must be dealt with in a non-discriminatory manner with regard to gender. It was therefore underscored that most countries have already gone ahead to reform their legal framework to gender-neutrally address sexual violence such that no victim is excluded from protection by virtue of their gender.

Violation of Constitutional Rights:
Advocate Sanjeev Kumar proved quite an effective argument in stating that the rape laws that are currently gender-specific are, in themselves, directly at odds with the very rights provided through the Indian Constitution. These rights include, but are not limited to, Article 14, which affirms and protects the Right to Equality; Article 15, which reinforces the Prohibition of Discrimination; and Article 21, ensuring the Right to Life and Personal Liberty for all. The petition stressed the importance of providing adequate legal protection to male and transgender victims of rape, elaborating that "denying them even the most basic protections would not only be a gross injustice but also an insult to their inherent human dignity as well as a violation of their fundamental rights."

This petition brought out quite extraordinary social changes that have taken place with time, as well as increased awareness among people that both men and transgender are, in fact, victims of sexual assault. It presented a convincing argument that the legal system has got to evolve and change to appropriately reflect and react to these major realities concerning many citizens among us. Attention is being brought to the alarming prevalence of sexual violence done unto men and transgender folks by mental health professionals, social workers, and advocates for the LGBTQ+ community; they have emphasized the critical importance of establishing gender-neutral rape laws and ensuring that all victims, regardless of gender identity, are taken seriously and afforded the level of protection they deserve.

The Result Of Pil

The Delhi High Court admitted the PIL and took up the case for hearing. Till now, no concrete amendments have been in sight to be made to Section 375 IPC as a measure to make it gender-neutral. The Supreme Court of India and most of the High Courts have been approached numerous times in the past by petitions begging for gender-neutral rape laws. However, till now, it is not possible to see legislative changes.

Although the PIL and greater calls for gender-neutral rape laws in India leave Section 375 IPC to date as part of gender-specific provisions that do not recognize men or transgender persons as rape victims, the writ petition directly challenges the IPC provisions that would exclude men as potential victims of rape.

But the PIL, or Public Interest Litigation, by Advocate Sanjeev Kumar in 2017 endemically shaped and enriched the present debate over this crucial issue of gender neutrality within India's rape laws. This legal action called upon both lawmakers as well as the judiciary to take seriously the constitutional validity as well as the bigger human rights implications involved in continuing to uphold laws that are designed strictly towards one gender when addressing such a grave and serious offense as rape.

Amongst India's most respected advocates, Rishi Malhotra has filed one of the most important PILs in the Supreme Court of India in the year 2021. This PIL has requested an amendment to section 375 of the Indian Penal Code or the IPC. In particular, it has sought the addition of both men along with transgendered individuals as victims of rape. This PIL points out how the legislative framework needs recognition of the fact that both men and transgendered persons could be and are victims of sexual violence and rape. It, therefore, calls for law change to be gender-neutral while reflecting the reality of sexual violence against all genders.

Main Aspects Of Public Interest Litigation

Section 375 can be called a gender-specific section. The Public Interest Litigation, or PIL, spoke regarding the fact that Section 375 of the Indian Penal Code, more famously known as the IPC, defines rape as a criminal offense wherein only a man commits this crime against a woman. Indeed, it is the very definition that creates quite an issue and does not recognize or acknowledge the existence of male victims or victims who are transgender. PIL argued that since "equality before the law" is ensured under Article 14 of the Constitution of India, the law violates the principle of equality set forth in this Constitution by creating a gender-specific offense of rape.

All persons of any gender identity to be protected:
The petition proposed to amend the definition of rape so that it would extend beyond just men and women to transgender persons; these amendments would introduce into each gender the realization of the basic rights regarding equal protection and justice before the law. It also intended to make the field of perpetrators cover both genders and not only the male gender so that it may recognize the fact that the two are of high importance as role players and equally capable of being perpetrators of sexual attacks on others.

Compared to the Rest of the World:
The PIL refers to the countries, such as the United Kingdom, Australia, and Canada, where gender-neutral laws exist by which rape is legally defined in a way that protects any one individual from sexual violence, irrespective of his or her gender. Besides, it also countered that the presence of such neutral rape laws in those countries does not reduce the protection offered to the female gender. Instead, the existence of those laws stretches and extends protection to all victims regardless of their gender. Changes the fabric of society.

This was clearly stated in the petition that, social changes and increased awareness of a male and transgender person as a victim of sexual assault require corresponding changes in law. It was then argued that failure to recognize and acknowledge male victims and transgender rape victims sends an unfortunate consequence of leaving a sizeable population unprotected, thus leaving it highly exposed to this reality of sexual violence.

Neutral Rape Laws:
Justice Verma Committee Report, 2013: After the shocking Delhi gang rape of 2012, more famously, known as the Nirbhaya case, the Justice Verma Committee announced gender-neutral laws for punishing crimes of sexual assault. However, those recommendations did not seem evident in the final piece of legislation. Sec 377 IPC While section 377 IPC criminalized "unnatural sex," it has sometimes been used in cases of male-to-male rape. However, with section 377 decriminalizing consensual homosexual acts in 2018, section 377 is less applicable for rape cases today, which brings calls for gender-neutral reforms.

Conclusion
Male sexual assault is a serious crime that is less reported due to several hitch-hailing challenges. Necessary is the ability of the legislated systems, mental health services, and society to realize that males also become victims of sexual violence, hence, we must extend support and justice toward them. It would take an empowered male victim's legal reform, social change in society, and awareness and availability of support services to file a case for protection and justice.

Together we can do it by breaking stigmas and eventually creating an inclusive legal and social structure. Most countries have their provisions of rape laws, but those depend on gender; however, rape laws are neutralizing around the world to recognize male rape as a serious crime.

Progressive legal systems now define rape to include male victims and offer them legal protection and avenues for justice. There should be an increased awareness worldwide of male rape, mainly in those countries that, in some ways, have gender-specific laws or where the occurrence is underreported because of stigma. This act debases human dignity and integrity. It has been regarded by the world as a serious violation of human rights.

It leaves long-term physical and psychological marks on the sufferer. Legal measures are brought forward to stop the crime, guide the victims, serve justice to the perpetrators, and prevent future occurrences of rape through education and strong law enforcement. Male rapes and sexual assaults against males in India are simply swept under the rug. The lack of proper laws and social stigma, and the cultural norms that consider rape as a crime against women, make this topic an invisible one. Minor reports are found isolated and mostly on minors or detainees but with no proper comprehension laws and awareness in place, male victims are passed over.

The rape laws in India are already in the process of being addressed, with demands by the crusaders for legislation of gender-neutral reforms. Male rape in Indian prisons is grossly underreported and not spoken of because the jails are overcrowded, operate with little or no oversight, and are stigmatized. The vast need for prison reform and gender-neutral legal protections against sexual violence against male inmates would be achieved if awareness, stronger laws, and measures to ensure the safety and dignity of all prisoners were accommodated. Advocate Rishi Malhotra's PIL pointed out the fact that India also needs gender-neutral rape laws, as victims include men and transgender people. Even as his PIL awaits consideration, the debate on the issue did not subside. These activists joined hands with legal experts to ensure equal legal protections for one and all.

End Notes:

1. https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_5_23_00048_2023-45_1719292564123&orderno=63&orgactid=AC_CEN_5_23_00048_2023-45_1719292564123
2. https://www.prearesourcecenter.org/sites/default/files/library/effectsofsexualassaultsonmen-physicalmentalandsexualconsequences.pdf
3. https://endsexualviolence.org/where_we_stand/male-victims/
4. https://www.prearesourcecenter.org/sites/default/files/library/effectsofsexualassaultsonmen-physicalmentalandsexualconsequences.pdf
5. https://ijlmh.com/paper/gender-neutrality-of-rape-laws/
6. https://endsexualviolence.org/where_we_stand/male-victims/
7. https://endsexualviolence.org/where_we_stand/male-victims/
8. https://endsexualviolence.org/where_we_stand/male-victims/
9. https://theleaflet.in/equality/gender-neutral-laws-for-sexual-offences-a-gap-that-has-not-been-bridged
10. https://theleaflet.in/equality/gender-neutral-laws-for-sexual-offences-a-gap-that-has-not-been-bridged
11. https://slate.com/human-interest/2014/04/male-rape-in-america-a-new-study-reveals-that-men-are-sexually-assaulted-almost-as-often-as-women.html
12. https://lhsscollective.in/gender-neutral-rape-laws-in-india-limitations-of-the-bns/
13. 1981 AIR 559
14. https://endsexualviolence.org/where_we_stand/male-victims/
15. https://slate.com/human-interest/2014/04/male-rape-in-america-a-new-study-reveals-that-men-are-sexually-assaulted-almost-as-often-as-women.html
16. https://theleaflet.in/equality/gender-neutral-laws-for-sexual-offences-a-gap-that-has-not-been-bridged
17. https://lhsscollective.in/gender-neutral-rape-laws-in-india-limitations-of-the-bns/
18. https://endsexualviolence.org/where_we_stand/male-victims/
19. https://slate.com/human-interest/2014/04/male-rape-in-america-a-new-study-reveals-that-men-are-sexually-assaulted-almost-as-often-as-women.html

Declaration
I, Adv. Himanshu M. Mendhe, hereby declare that this work is the result of my own intellect and the necessary references are provided in the article. This article is only for an academic purpose.