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Rape as a subject has always been dealt with in curious ways in India. Therefore the decision of the SC to reject the plea to declare rape a gender-neutral law in India doesn’t surprise. The PIL submitted to consider the change in law then brings no change. But it raises some interesting questions regarding the Indian Penal Code.
PIL for gender-neutral law on rape
A sensitive topic like rape immediately brings to mind the idea that the women are victims. But, there are cases where men have been and are victims of rape. The idea that there are certain limits to which the court sees rape as crime has become very clear. A case in point is the issue of marital rape, certain types of rape are just not considered as ‘rape’.
This PIL filed by advocate Rishi Malhotra on 12th January. He demanded that rape, sexual harassment, outraging modesty, stalking and voyeurism be deemed gender-neutral crimes. This is a rightful demand if one looks at it logically. He mentioned that many of these cases where the men are victims often go unreported or not given the justice they are due. In his plea, he challenged multiple sections of the Indian Penal Code. The sections include 354- A,B,C and D, and 375(rape).
Malhotra’s plea was heard by bench headed by CJI Dipak Misra. The bench announced that this was the parliament’s matter to debate on. It questioned, “Have you ever seen a woman file a complaint against another woman for rape?” Just because cases aren’t filed doesn’t mean they don’t occur. Malhotra cited a recent study, where 16.1 % of the 222 Indian men admitted having been coerced into sex.
It will be long before such PILs are put into effect and heard without prejudice. Progressive laws are a necessity especially in a country that still relies on old colonial laws. The law should apply to all, regardless of caste, gender, religion or sex. Just because people don’t complain doesn’t mean they are suffering. If the law was approachable if people feel protected they would complain. It’s not just about those who talk, but also those who stay silent. The law should serve all.