In any case or any crime, a woman is innocent until proven guilty and a man
is guilty until proven innocent.
The long term effects of sexual abuse committed by men on women have been
researched or dealt through extensively across the world but the essence
which has been missing or the dug hole which has still not been filled is
that a smattering number of people are aware of crimes committed on men.
The society in which we live considers crimes on women as the most sensitive
matter currently prevailing and no one denies the fact that the crimes on
women are increasing day by day in India as well as across the world. There
is a whole lot of stereotype across the globe in any case or in any crime
that the victim is a woman and the perpetrator is a man, which is the
foundation of stereotype and gender differences in the society. One should
also consider the fact that crimes are also committed on men across the
world which remains unreported in most circumstances.
There are very few complaints filed regarding crimes committed on men and
also very few crimes are reported and proceedings are taken further of
crimes committed by women. Numberless cases are filed against rapes, gang
rapes, acid attack, honor killing, etc committed on women. A handful of
people are aware that the same crimes are committed on men too which goes
unreported many times and at times justice is not provided to them. A little
or no attention has been paid to the crimes committed on men or the
inequalities faced by them in society or even legally.
All the inequalities create a stigma or a shame on the manliness or
masculinity of a man since there is a lot of underreporting of cases that
have created such crimes unusual in society.
In India, a person has to be a man to officially rape and at the same time,
a person has to be a woman to be officially raped. If a man is raped by a
woman then it is not counted as a crime at all under the Indian Penal Code,
1860. There have been attempts by the government to categorize rape as a
gender-neutral crime but were opposed by various women groups.
As per section 375 of the Indian Penal Code, rape is a crime that a man can
commit on a woman with no vice versa condition. However, children of both
genders are covered under the Protection Of Children From Sexual Offences
Act, 2012. So the first loophole in the legal system of our country is that
men rapes are not equal to women rapes or the law that governs the
punishments related to rapes wholly excludes males. This breaches article
14
(Right To Equality) of our constitution.
Acid attack is another crime that takes place in our country at a very high
frequency. Acid attack is throwing acid on the body of a person(primarily
face). According to a survey conducted by the Home Ministry in 2014, there
were 225 acid attacks in one year which were reported all over the country.
However, the survey was conducted for women survivors/victims. Another deep
hole here against men is that there is a minimal official record regarding
men acid attack survivors and victims in our country as compared to women
and for that matter, there is no official reporting of male rapes in our
country. However, certain cases have been reported of acid attacks on men in
certain areas in the country.
In an article published by India Today, an
acid attack survivor Mr. Chandrahaas Mishra filed a Public Interest
Litigation in the Supreme Court on behalf of several male acid attack
survivors and victims. Justice Madan B Lokur considered the Public Interest
Litigation and uttered, We will deal with it giving hopes to the people
filing the Public Interest Litigation (PIL). However, the PIL has not been
looked into which was almost filed a year ago.
Jai Vipra at the New Delhi think-tank Centre for Civil Society, argues that
the phrasing of rape laws should be gender-neutral. This view is opposed by
some human rights advocates and women's rights activists. Mumbai-based human
rights lawyer Flavia Agnes told the India Times,
I oppose proposal to make rape laws gender-neutral. We had opposed it
when the government made child rape laws gender-neutral ... If made
gender-neutral, rape laws will not have the deterrence value and it will
make it more complicated for judges in court.
International human rights lawyer and activist Vrinda Grover was quoted in
the same article:
There are no instances of women raping men. I don't think men are facing
serious sexual violence as women. Consider the brutality and intensity of
sexual violence against women.
About two in five of all victims of domestic violence are men, contradicting
the widespread impression that it is almost always women who are left
battered and bruised, a new report claims.
Men assaulted by their partners are often ignored by police, see their
attacker go free and have far fewer refuges to flee to than women, says a
study by the men's rights campaign group Parity.
In 2013, the center passed the criminal law (amendment) ordinance, which
worked on swapping the word sexual assault with rape which substantially
turned the crime into a gender-neutral crime from both the aspect of a
victim as well as the perpetrator.
But, after tremendous efforts, a reversal was then granted in the same year
which is 2013 with the criminal law (amendment) act. The groups putting in
tremendous efforts argued that:
Rape Was An Explicitly Patriarchial Crime, Directly Stemming From The
Grotesque Abuse Of Male Power And Privilege.
Thus, for charges to stick, the perpetrator must be a male and the victim
must be female.
In understanding what constitutes rape, international law has evolved from
viewing it just as penile-vaginal to penile-orifice and then to
penetrative-orifice, all within a non-consensual context. By the last legal
definition, the physical violation with blunt objects undergone by Nirbhaya
at the hands of her gang rapists would be classified as rape.
It would by current Indian legal standards as well. Yet if the setting had
been an Indian women's jail and the same violation had occurred by fellow
prisoners, there would be no rape. To be sure, it would be an assault-based
crime of some form, but not rape. This, even though the victim would have
been forcefully penetrated sexually by her assailants.
Out of the 96 countries studied, 63 were found to have rape or sexual
assault laws written in gender-neutral language, 27 had completely
gender-specific rape laws (i.e., the perpetrator was defined as male and the
victim as female) and 6 had partly gender-neutral laws.
A recent UK government survey indicated that 9% of males had experienced
some form of partner abuse, which amounts to around 1.4 million men. This
includes stalking, physical violence, and sexual assault. Indeed, a seminal
US study found that male Intimate partner violence (IPV) victims are often
slapped, kicked, punched, grabbed, or choked by their partners. A growing
body of international research indicates that men and women experience IPV
in similar proportions.
A research paper by Dr. Elizabeth Bates from the University of Cumbria on
the perception of male victims. Under the research paper, a man shared his
experience of domestic abuse and how people reacted to the same.
I told friends, they laughed. I told a friend's brother he was a cop, and
they both joked saying
man up
These were the words of the victim's friends while some other men preferred
not to inform anyone about the domestic abuse they faced.
Statistical Data
According to a survey conducted in 2007, the Indian Government found that
out of 100% of children reporting sexual violence or sodomy 57.3% are males.
Another survey conducted by Delhi based center for civil society discovered
that almost 18% of the men in the survey were coerced or forced to have sex
or sexual relations. Out of the 18% cases, a female was the perpetrator 16
times which makes it 88.88% female perpetrators.
A report published by theintercept.com (an online news publication) claimed
that the torture conducted on people in Kashmir by the local police and
other security forces which includes sodomy, beatings, rape, cutting with
sharp implements, burning with metal rods, etc is committed on males in
97.6% of cases, however, more than 995 cases have been unreported in the
past year. And the flashes on news channels, headlines in the newspapers
mention the crimes committed against women in Jammu and Kashmir.
As per reports by The Centers for Disease Control and Prevention (CDC):
- Nearly 1 in 38 males have experienced completed or attempted rape during his
lifetime.
- About 1 in 4 males rape victims experienced it for the first time between
11-17 years old.
- About 1 in 4 males rape victims reported that it occurred before age 10.
The Centers for Disease Control and Prevention (CDC) in the United States
(US) conducted a study in 2010-2012 and found that 1 in 17 men reported
being forced to penetrate at some point in their lives. Among male victims
who were raped by being penetrated, 86.5 percent reported that the
perpetrators were male.
Male rape in Southeast Asia has always been around with victims more often
than not having to suffer in silence. A survey carried out by the United
Nations Children's Fund (UNICEF) and the Cambodian government found that 5.6
percent of males aged between 18 and 24 had experienced sexual abuse before
reaching the age of 18. According to The New Humanitarian, in a focus group
discussion with 89 Rohingya men and boys, a third of them personally knew a
Rohingya man or boy who had experienced conflict-related sexual assault in
Myanmar. Although no complete or updated data is available on male rape in
Southeast Asia, there have been several infamous cases of male sexual abuse
reported in the region.
Nearly 1 in 5 women (18.3%) and 1 in 71 men (1.4%) in the United States have
been raped at some time in their lives, including completed forced
penetration, attempted forced penetration, or alcohol/drug-facilitated
completed penetration. However, it should not be neglected that the
corresponding figure for females is 1 in 5 which amounts up to 20%. While
the figure for women is much higher, the figure for men is by no means
negligible.
Approximately 1 in 21 men (4.8%) reported that they were made to
penetrate someone else during their lifetime, most men who were made to
penetrate someone else reported that the perpetrator was either an intimate
partner (44.8%) or an acquaintance (44.7%).
Nearly 3 in 10 women and 1 in 10
men in the United States have experienced rape, physical violence, and/or
stalking by an intimate partner and reported at least one impact related to
experiencing these or other forms of violent behavior in the relationship
(e.g., being fearful, concerned for safety, post-traumatic stress disorder (PTSD)
symptoms, need for health care, injury, contact a crisis hotline, need for
housing services, need for victim's advocate services, need for legal
services, missed at least one day of work or school) Male rape victims and
male victims of non-contact unwanted sexual experiences reported
predominantly male perpetrators. Nearly half of stalking victimizations
against males were also perpetrated by males.
Perpetrators of other forms of
violence against males were mostly female. But when the categories of
made to penetrate (4.8%) and sexual coercion (6%) are included, the figure
including rape is 12.2% (an estimated 13.7 million men). Further adding the
categories of
unwanted sexual contact (11.7%) and non-contact unwanted
sexual experiences (12.8%), the figure becomes 22.2% (an estimated 25
million men, not counting rape).
Even when it comes to suicides, the rate of committing suicide of males is
much higher than that of females. And the fact of the matter is that the
Indian married men are twice more likely to commit suicide.
As per the report published by the National Crime Record Bureau, the suicide
rate of males was 67.1% in the year 2013. There were several causes of
suicides such as illness, bankruptcy, suspected/illicit relation, etc among
which family problems recorded the highest number of suicides.
A report published by the National Crime Record Bureau stated the number of
deaths due to suicide in various states, cities, and in various age
groups. In each aspect, the suicide rate of males has been considerably
higher than females.
- Up to 14 years- The suicide rate of males- 53.57%
- 15-29 years- The suicide rate of males- 57.61%
- 30-44 years- The suicide rate of males- 70.18%
- 45-59 years- The suicide rate of males- 76.61%
- 60 years and above- The suicide rate of males- 72.99%
- The overall suicide rate of males in India- 67.13%
A report published by the National Crime Records Bureau stated the number
of deaths due to suicide. The data was collected as per the social status of
people. In each aspect, the suicide rate of males was higher than females.
- Never married/Spinster- The suicide rate of males- 66.17%
- Married- The suicide rate of males- 68.48%
- Widowed/widower- The suicide rate of males- 53.83%
- Divorcee- The suicide rate of males- 52.15%
- Separated- The Suicide rate of males- 65.86%
- The overall suicide rate of males- 67.16%
A report published by the National Crime Records Bureau stated the number of
deaths of people keeping the base as educational qualification. In each
aspect, the suicide rate of males was higher than females.
- Uneducated- The suicide rate of males- 62.30%
- Primary- The suicide rate of males- 65.39%
- Middle- The suicide rate of males- 68.22%
- Secondary- Suicide rate of males- 70.35%
- Intermediate- The suicide rate of males- 68.91%
- Diploma- The suicide rate of males- 72.70%
- Graduate- The suicide rate of males- 71%
- Post Graduate- The suicide rate of males- 71.08%
- The overall suicide rate of males- 67.16%
27.40% of males committed suicide due to physical abuse as per the report of
the National Crime Records Bureau.
65.26% of males committed suicide due to family problems as per the report
of the National Crime Records Bureau.
44.38% of males committed suicide due to divorce as per the report of the
National Crime Records Bureau.
Fact- The website of the National Crime Records bureau yields no results
when one searches
men rape.
Acid attacks are registered under Section 326 A of the Indian Penal
Code, with a minimum punishment of 10 years imprisonment.
A report published by The Hindu gave an insight about the acid attacks in a
year committed on both males and females.
As per the report, in 2017, there were 244 acid attack cases reported out of
which 131 were on women which constituted about 57% of the total cases.
Incidents
A handful of the population is aware of a person named
Reynhard Sinaga who
was a serial rapist and was sentenced to a minimum period of 30 years
recently.
But, the twist, in this case, was that he committed rapes on males
particularly in Manchester, England.
Sinaga as per reports has a count of 159 sexual offenses under his name on
48 men and 70 victims remain unidentified.
Reports said that the Indonesian student who lived in Manchester, United
Kingdom would wait for intoxicated men outside nightclubs and bars, lure
victims into his apartment, then drug them until they passed out before
raping them. He was caught when one of his victims regained consciousness
while he was being violated. Sinaga was sentenced to life imprisonment for
his heinous crimes.
Sinaga is believed by police to have raped or assaulted at least 195 men
since 2005, two years before he had arrived in the United Kingdom. In
Manchester, he waited for potential victims outside nightclubs, pubs, and
similar venues in the early hours. He then offered them a stay at his flat,
subsequently drugging and raping his victims.
In a recent case reported in Delhi(majorly from South Delhi) wherein several
boys(many of them being minor) had a group on Instagram. This group was one
of many such groups.
The group's name was Bois locker room and the screenshots of the
conversation were leaked.
An all-boys group consisted of around 100 members all being teenagers from
South Delhi. The basic purpose of the group was to share pictures of various
girls and then to pass on comments. The screenshots leaked revealed that
some serious body-shaming comments were made, girls were objectified and
countless pictures were shared. The comments made were disturbing as there
were threats to leak nude pictures of several girls, rape threats were
evident, etc.
The pictures that were floated were of minor girls as the screenshots
reveal. The screenshots also reveal the harsh comments made on the girls.
Delhi Commission for Women also issued a notice regarding the same issue. On
May 6, 2020, the admin of the group was arrested by the cyber cell of Delhi
police.
A Delhi schoolboy was also taken into custody and nearly 20 more were
identified. Reportedly, the mobile phones of various boys were seized by the
cyber cell of Delhi police.
Just 2 days after the
Bois Locker Room Instagram conversation took
everyone by storm for passing comments, objectifying, body shaming, raping,
etc another controversy of similar nature came into light.
But, the controversy that took place after the Bois Locker Room'
controversy was the spreading of several screenshots of chats between
several girls which made up an alleged female version of
Bois Locker
Room.
The group consisted of several girls who were again teenagers and passed
objectionable comments on men. Several men were objectified, comments were
passed on their private parts and some even expressed their desires.
It has also been alleged that the girl who leaked the chats of Bois locker
room' was a part of
girl's locker room
However, the
girl's locker room was not discussed as widely as the Bois
locker room' was discussed. No complaint was filed as well.
In all these controversies there was another Snapchat controversy'. A
screenshot was spread on the grounds of which the boy was criticized. The
screenshot contained a fictitious name
Siddharth.
It was a conversation that clearly shows the intention of one boy to rape a
girl. The boy mentions that
we can rape her easily and thereafter mentions
Call 2-3 more boys and we will gangrape her.
However, on investigation police found that the alleged conversation was
done by a minor girl with a fictitious name Siddharth' to check the values
and character' of that boy.
The girl by the fictitious name of Siddharth' tried to plan her rape or gangrape.
Swati Maliwal the chairperson of Delhi Commission for women condemned this
act by tweeting
Disgusting that a girl sent out Snapchat msg to a boy planning her own
rape.
Bois Locker Room chats are not connected to this Snapchat but equally
offensive & warrant legal action!
The girl endangered cause of hundreds facing cyber abuse everyday! MUST be
acted against too!
Another case was then reported in which a boy of 17 years committed suicide
by jumping off the balcony of his flat which was on the 11th floor.
The 17-year-old boy committed suicide after a girl had made several
allegations against the 17-year-old on Instagram.
The Instagram account of the 17-year-old was then thoroughly checked and it
was found that the girl had imposed false allegations on him without any
evidence to prove.
Before the boy had committed suicide two screenshots were floated on social
media claiming that she was molested two years ago in the basement of her
building. The girl also stated that she was tired of keeping this as a
secret.
The boy's sister posted the following information on her Instagram
account:
After the story got viral, the boy started receiving threat calls and
messages, he was harassed by the girl and her friends, he tried to defend
himself and also told his friends that he is innocent but he couldn't handle
the threats and the tremendous pressure and believed that his side of the
story won't be heard.
The girl who claimed that she was molested posted a story saying that if he
couldn't handle the pressure then it's not her fault. This story was posted
by the girl after gaining the knowledge that the boy had committed suicide.
Rape/other laws in India
Section 375 of the Indian Penal Code, 1860-
The section
starts with, A man is said to commit rape
, so a man
removes the grey area and makes it clear that as the Indian Penal Code
rape is not a gender-neutral crime and only a woman can be a victim of
it. So as per section 375 of the Indian Penal Code, a man is said to
commit rape when he has sexual intercourse with a woman without her
consent, against her will, with her consent but the consent was obtained
by putting her or any person close to her in fear of death or of hurt,
with her consent but the man knows that he is not her husband and the
consent was given because the woman believes that he is the man with
whom she is or believes herself to be lawfully married, with her consent
but at the time of giving such consent the woman was unable to
understand the nature and consequences of her consent or with or without
her consent when the woman is below the age of 16 years.
Â
Section 376 of the Indian Penal Code, 1860-
This section
deals with the punishments for rape. Section 376(1) says that whoever
commits a rape except in cases provided in sub-section (2) shall be
punished with imprisonment for at least 7 years and extending up to
imprisonment for life. Section 376(2) deals with punishment of rape by
police officers, members of the armed forces, staff or management of
hospital or jail, public servant, etc. Section 376(3) defines the
punishment for a person in authority or fiduciary relationship, public
servant, or the staff or management of a hospital. Section 376(4) deals
with what is gang rape and defines the punishment for gang rape. Section
376(5) deals with the punishment of repeat offenders. However, even this
section fails to take into consideration the topic of rapes committed on
males.
Â
Section 354(A) of the Indian Penal Code, 1860-
This section
yet again starts with a man is said to commit sexual harassment thus
even this section is not gender-neutral since it takes into
consideration the sexual harassment of females by a male on committing
certain activities.
Â
Section 354(B) of the Indian Penal Code, 1860-
This section
starts with a man is said to commit an assault or uses criminal force thus even this section is not gender-neutral since it takes
into consideration the assault or applying of criminal force on a female
by a male on committing certain activities.
Â
Section 354(C) of the Indian Penal Code, 1860-
This section
starts with a man is said to commit voyeurism thus even this section
is not gender-neutral since it takes into consideration the voyeurism on
a female by a male on committing certain activities.
Â
Section 354(D) of the Indian Penal Code, 1860-
This section
starts with a man is said to commit stalking thus even this section
is not gender-neutral since it takes into consideration the stalking of
a female by a male on committing certain activities. Hence, the whole
section 354 is not gender-neutral and only a woman can seek justice
under this section.
- Section 37 of the Special Marriage Act, 1954- As per this section,
the husband shall secure his wife for her maintenance and support, if
necessary, by a charge on the husband's property such gross sum or such
monthly or periodic payment of money for a term not exceeding her life.
However there is no such provision for males under the Special Marriage
Act. It must be noted that alimony is allowed for both husband and wife
under the Hindu Marriage Act, 1955.
Section 113(A) of the Indian Evidence Act, 1872-
This section
deals with the commission of suicide by a woman abetted by her husband
or any other relative of her husband. If it is shown that the suicide
was committed by her within 7 years of her marriage and that she had
been subjected to cruelty, the court may presume that such suicide had
been abetted by her husband or relative of her husband.
Conclusion
In a country like India male rapes are far beyond the imagination of the
population of the country and even the torture on males in the disputed
regions in the country is spiking day by day which in many cases are not
reported due to one's honor and even because of lack of provisions in the
law.
By not having gender-neutral laws most of the cases remain unreported by
males and at times justice is not served to them. India should focus on
creating new laws which are gender-neutral or amend the current laws to make
them gender-neutral such that there is equality among males and females in
the country.
Rape is an offense which can be committed on both males and females and
would adversely affect on the mental health as well as physical health of
each, remember a rape is an attack not on the virginity of the person but on
the integrity of that person as well as on the conduct of that person.
Not only rape should be a gender-neutral crime but all the offenses taking
into consideration any one gender should be neutralized, this would lead to
a minimum amount of underreporting of cases and to the males their
masculinity won't be ever in danger since the crime would become
familiar to the people and they will not consider it to be a matter of
shame.
I would strongly suggest or recommend the following:
- Gender-neutral laws must be formulated.
- Laws that are biased towards any gender must be amended to make them
gender-neutral.
- Separate records must be published which may solely report crimes
committed on men and the same records may be published for women as
well.
- Separate tribunals or commissions must be set up which may be the
same as National Commission for women.
- Awareness must be spread regarding the violence committed on male
through reports, articles, campaigns, etc
- All forms of violence committed on men by any other person must be
criminalized.
- Just like we have women's court (Mahila Adalat) which is an
alternative dispute resolution, such same courts must be formed for men
as well.
This is the need of the hour if not taken care of then our country and
for that matter, the globe would see more and more Reynhard Sinaga'.
References:
- Cabinet nod to make rapes gender-neutral riles women's groups.
(2012, July 20). Times Of India. Retrieved
from https://timesofindia.indiatimes.com/india/Activists-oppose-making-rape-gender-neutral/articleshow/15049606.cms
- More than 40% of domestic violence victims are male, the report
reveals. (2010, September 4). Retrieved from https://www.theguardian.com/society/2010/sep/05/men-victims-domestic-violence
- Stokes, J. (2014, September 10). India's law should recognize that
men can be raped too. Retrieved from https://scroll.in/article/676510/indias-law-should-recognise-that-men-can-be-raped-too
- Vipra, J. (2013, July). Retrieved from https://ccsinternship.files.wordpress.com/2013/05/286_case-for-gender-neutral-rape-laws-in-india_jaai-vipra.pdf
- Whitley, R. (2019, November 19). Domestic Violence Against Men: No
Laughing Matter. Retrieved from https://www.psychologytoday.com/us/blog/talking-about-men/201911/domestic-violence-against-men-no-laughing-matter
- Bates, E. A. (n.d.). Retrieved from http://insight.cumbria.ac.uk/id/eprint/4367/1/Impact
and perceptions paper final.pdf
- Desk, C. (2019, May 20). Rape, Sodomy, and Electrocution Forms of
Torture Used in Kashmir by Security Forces: Report. Retrieved
from https://clarionindia.net/rape-sodomy-and-electrocution-forms-of-torture-used-in-kashmir-by-security-forces-report/
- Nortajuddin, A. (2020, February 6). Taking male rape seriously.
Retrieved from https://theaseanpost.com/article/taking-male-rape-seriously
- Black, M. C., Basile, K. C., Briedling, M. J., Smith, S. G.,
Walters, M. L., Merrick, M. T., … Stevens, M. R. (n.d.). National
Intimate Partner and Sexual Violence Survey.
- National Crime Records Bureau(2013). Incidence of suicides
categorized cause wise – 2013[PDF file]. Retrieved from
https://ncrb.gov.in/sites/default/files/adsi_reports_previous_year/table-2.4_2013.pdf
- National Crime Records Bureau(2013). Distribution of suicidal deaths
categorized by sex & age group – 2013]PDF file]. Retrieved from https://ncrb.gov.in/sites/default/files/adsi_reports_previous_year/table-2.5_2013.pdf
- National Crime Records Bureau(2013). Profile of suicide victims
classified according to social status – 2013 [PDF file]. Retrieved from
https://ncrb.gov.in/sites/default/files/adsi_reports_previous_year/table-2.7_2013.pdf
- National Crime Records Bureau(2013). Educational status of suicide
victims – 2013 [PDF file]. Retrieved from https://ncrb.gov.in/sites/default/files/adsi_reports_previous_year/table-2.8_2013.pdf
- Singh, S. S. (2020, January 11). West Bengal tops in 2018 acid
attack cases: NCRB. The Hindu. Retrieved from https://www.thehindu.com/news/national/other-states/west-bengal-tops-in-2018-acid-attack-cases-ncrb/article30537254.ece
- Maliwal, S. (2020, May 11). Disgusting that a girl sent out Snapchat
msg to a boy planning her own rape.' Bois Locker Room' chats are not
connected to this Snapchat but equally offensive & warrant legal action!
The girl endangered cause of hundreds facing cyber abuse everyday! MUST
be acted against too! Retrieved from https://twitter.com/SwatiJaiHind/status/1259790466368720896?ref_src=twsrc^tfw|twcamp^tweetembed|twterm^1259790466368720896&ref_url=https://www.freepressjournal.in/india/bois-locker-room-controversy-swati-maliwal-condemns-girl-who-impersonated-siddharth-to-plan-her-own-rape
- https://www.instagram.com/p/B_2S6vwFbyr/?utm_source=ig_embed
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